Punjab Land Revenue Act, 1887, Section 34 -- Entry in revenue record - Relevance & effect - Revenue records not document of title - Maintained for the purpose of land revenue alone - Entry in revenue record does not provide cause of action to plaintiff to file suit - Cause of action arises when there is threat to the title of suitor. Ibrahim's case 1979 PLJ 469 relied...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration based on title - There is no limitation - Cause of action arises when there is threat to the title of suitor. Limitation Act, 1963...........
Specific Relief Act, 1963, Section 34 -- Mutation of inheritance sanctioned in the name of heir in the year 1891 - Suit for declaration challenging right to inherit estate of natural father on account of adoption of said heir filed after 100 years - Contention that cause of action arose when mutation sanctioned therefore, suit barred by limitation. Held - Mere sanctioning..........
Will -- Claim on the basis of Will - Title claimed on the basis of Will must be proved as per the provisions of Sec. 63 of the Succession Act - Will not proved - General law of succession and inheritance to apply. Indian Succession Act, 1925, Sec. 63, Indian Evidence Act, 1872, Sec. 68...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - 'Possession relevant consideration to grant injunction - Suit for declaration that plaintiff owner in possession of suit land - Injunction also sought restraining defendant from interfering in possession - Claim based on enteries in revenue record - Defendant asserted his title and possession over..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Title suit - Appellant (Defendant No.4) claimed title by adverse possession - Suit dismissed - First Appellate Court opined that plaintiff and defendant No.4 had not acquired any title to the property - Defendant No.4 filed second appeal - High Court dismissed second appeal summarily by holding it as not..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Petition for ejectment from unauthorised possession over specific panchayat land - Collector ordered ejectment & payment of compensation - Appeal dismissed - Order challanged in writ petition - Civil suit qua land, shown in revenue record as Shamlat Deh - Decreed holding that land wrongly shown as Shamlat..........
Adverse possession -- Once plaintiff proves his title, the burden of proof shifts to defendant to prove that he has perfected his title by adverse possession. (Limitation Act, 1963, Arts.64 & 65)...........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Burden of proof - High Court in regular second appeal formulated substantial question of law that burden of proof lies on the plaintiff to prove his title. Held - Substantial question erroneously framed by High Court. Burden of proving perfection of title by way of adverse possession lies on defendant. Judgment..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Burden of proof - Requirement - Suit for declaration claiming title over suit property - Defendant set adverse possession under the Act, plaintiff to prove his title then the burden shifts on the defendant to establish that he has perfected his title by way of adverse possession...........
