Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession of suit land based on title - Plaintiff by producing allotment order has proved her title and by producing khatiyans has proved her possession over suit land - Allotment order is document of title and it can be accepted as document of title - Khatiyans are revenue record and it..........
Civil Procedure Code, 1908, Section 9, Tripura Land Revenue and Land Reforms Act, 1960, Section 188 -- Suit for recovery of possession of suit land based on title - Maintainability of suit - Suit for plaintiff is not barred by S.188 of TLR & LR Act or by S.9 of CPC as contended defendant - Claim of relief of plaintiff can no way be entertained by Revenue Court and the so..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and prohibitory injunction - Concurrent findings of Courts below that obstruction over suit property as alleged by plaintiff has already been removed by defendant pursuant to order of Tehsildar - As regarding claim of plaintiff regarding right to use the way in question, both the Courts below..........
Stamp Act, 1899, Section 33, 35, 38, 39 -- Deficient stamp duty - Penalty - Parties entered into an agreement to sell without having knowledge of amendment carried out by State of Punjab - Amount of deficient stamp duty comes to Rs.6 lakhs approximately - No material on record that plaintiff intentionally tried to evade payment of stamp duty or tried to cause loss to..........
Mutation -- Mutation proceedings are summary in nature - No right or title is created - Revenue entries is only for the collection of revenue from the person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration and not in a writ petition which arises out of summary proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be thrown out at threshold taking into consideration external aid such as revenue records...........
Mutation -- Sanction of - It is duty of revenue officials to incorporate decree in revenue record in letter and spirit and the impugned order dismissing application for entering mutation cannot be upheld in any manner...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Material available on record found that plaintiffs having no prima facie case, balance of convenience and irreparable loss in their favour - However, there is a sale deed executed by original owner in favour of defendant no.1 and thereafter another sale deed in favour of defendant no.3 on the basis..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Case of plaintiff that oral partition took place between brothers - Plaintiff permitted his sister, defendant to cultivate property - Case of defendant that property was gifted to her by way of "Stridhana" - There were four female descendants to father of defendant - In such case, oral gift to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To elucidate how much and in what manner defendants have occupied suit land - Suit for permanent prohibitory injunction - Burden of proof was upon plaintiff to establish his case to make sure about his boundary - Plaintiff should have obtained a demarcation from revenue authority to..........
