Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging two Wills - Bar of limitation - Wills in question were executed by father of plaintiff in favour of his two sons to the exclusion of plaintiff - Mutation was effected in 2004 on the basis of Wills of 1996 - Said mutation not challenged by plaintiff within period of limitation inspite of knowledge of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging two Wills - Wills in question were validly executed and not proved to be forged and fabricated - Long silence of plaintiff from the date of mutation of Wills till 2007 established that he knew about the existence of Wills executed by his father whereby he divided one acres of land to his two sons who..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants and their agents, successors, representatives from using alleged Wills - Wills in question were validly executed in favour of defendants by father of plaintiff - Mutation already granted in the name of beneficiaries and plaintiff failed to challenge the same within the period of..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Mutation case on the basis of registered Will - Even if mutation case is decided against the plaintiffs and they raise a claim on the basis of same registered will, before regular Courts, Regular Courts would have jurisdiction to determine the issue without being influenced by findings returned in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent and mandatory injunction - Plaintiff claimed his right and title over suit property on the basis of sale deed executed in his favour - Defendant on the other hand himself admitted that no ownership was transferred in his favour - Neither name of defendant was shown in revenue records nor any case..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from disturbing possession of plaintiffs - Relief in part granted as Revenue Authority granted mutation of part of land - No reasons given by Revenue Authority for not granting mutation of remaining property - Bonafide purchase of entire property by plaintiff - Decree of permanent..........
Mutation -- Does not create or extinguish any right, title or interest in the immovable property - Mutation is done simply to keep the revenue record upto date and for the purpose of receipt of land revenue...........
Limitation Act, 1963, Section 14 -- Exclusion of time - Challenge to sale deed to be illegal and void - Time spent in mutation proceedings cannot be set off while computing period of limitation...........
Mutation entries -- Nothing to do with ownership and cannot be treated as evidence of ownership of property, particularly when one of parties is in possession of a registered document of title which is correct and complete proof of ownership...........
Mutation -- Does not confer title - It is only civil Court where evidence has to be seen...........
