Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Limitation - Starting point - When the right to sue first accrues - Cause of action does not arise on sanction of mutation of inheritance - Entry in revenue record does not provide any cause of action - Cause of action arises only when there is any threat to the title of the..........
Revenue record -- Not a document of title - Such records are maintained for the purpose of land revenue alone...........
Adverse Possession -- Suit for declaration of title on the basis of adverse possession - Co-sharer claiming adverse possession of the joint land - Co-sharers presumed to be in possession unless contrary is proved - Mere assertion of title by in itself not sufficient - Intention of possessing (animus possidenti) to be proved - Act and conduct of parties show intention of..........
Registration Act, 1908, Section 17 -- Family settlement - Registration of - Dispute regarding ownership of land - Matter compromised with the intervention of Samjauta Board - Compromise written in Karawai register of Board - Thumb marked & signed by parties to compromise - Validity of Resolution (writing) in Karawai register confering title in land disputed on account..........
Wakf Act, 1995, Section 5, 36, 37, 92, Uttar Pradesh Muslim Wakfs Act, 1960, Section 29, 49A, 57A -- Wakf - Alienation of wakf properties - Obligation of wakf character of properties - Wakf of properties created - Son appointed mutwalli - Wakf registered u/s 29 of Act, 1960 - Gazette notification issued u/s 5(1) of the Act 1960 - Wakf and its properties duly registered in..........
Wakf -- Change of nature - When permissible - Once a wakf is created, the wakif stands divested of his title to the properties which after creation of wakf vests in the almighty - However in a given case the creation of wakf may be questioned if it is shown that the wakif had no intention to create a wakf but had done so to avoid a liability...........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 30 -- Dispute regarding entitlement of compensation - Bar of jurisdiction of Civil Court - Suit for declaration regarding establishment of title over the suit property on the basis of decree for pre-emption - Suit property acquired by State - Trial Court holding plaintiff owner of suit property -..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Punjab Land Revenue Manual -- Para 7.17 - Mutation on the basis of registered transfer deed - Delivery of possession pre-condition for sanction of mutation - Possession of suit land not changed -Transfer deed made apprantly under fake pretences - Civil suit challanging the transfer deed pending - Mutation rejected -..........
Civil Procedure Code, 1908, Section 100 -- Substantial question of law - Suit for possession and injunction - Dismissed by Trial Court on the ground of maintainability, limitation and other ground - Lower Appellate Court affirmed the judgment and decree of Trial Court - Appeal dismissed also on a finding that defendant had acquried title over the suit property by way of..........
Transfer of Property Act, 1882, Section 58, Registration Act, 1908, Section 17 -- Mortgage by deposit of title deeds - Do not require registration...........
