Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, Section 3 -- Revenue records - Suit for rectification by incorporating plaintiff`s names as owners and possessors - Revenue Authorities allegedly created records in favour of State without any notice and legal proceedings - Plaintiffs producing documents regarding service connection of borewells in disputed..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of lambardar - It is prerogative of collector to appoint lambardar by comparing merits of candidates - No interference with choice made by collector should be made even if two views possible - Order of collector can only be set aside in case of illegality or perversity -..........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Application for partition of land dismissed in default - Application for restoration of application for partition made - Notices required to be given to all respondents in the application for partition - Restoration of application done on statement of one of respondents whereas all respondents should have been..........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Service is required to be affected on all respondents - Opportunity to file reply should be given - Once court concludes partition proceedings should continue then naksha alf (K) is called in from Assistant collector depicting shares of parties, actual possession, excess or less land is indicated - Statements of..........
Family settlement - - Can be even oral in which case no registration is necessary - Family settlement can also be established by conduct of parties - Conduct of acquiescence to the continued possession of petitioners over the land is certainly in the honour of family settlement - Family settlement persisting between parties till the day - In view of family settlement..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Stage - Board of Revenue without assigning any reason to explain the delay in filing the documents and considering why documents are necessary for proper disposal of case, allowed the application for additional evidence - Applicability of O.41.R.27 CPC to the proceedings under U.P. Land..........
Himachal Pradesh Land Revenue Act, 1953, Section 134 - - Partition - Delivery of possession - A person can apply for delivery of possession within three years from the date of preparation of instrument of partition - If possession is not delivered within three years by revenue Court qua partition land then aggrieved person can file a suit for possession on the basis of..........
Evidence Act, 1872, Section 90 -- Sale deed - Executed in the year 1965 - Objections as to fraud and misrepresentation - Plaintiff neither pleaded nor proved as to how consideration of sale deed was paid - No evidence as to who was the deed writer of sale deed or before whom the document executed - Sale deed executed between father of plaintiff or defendant no.1, but no..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 16 - - Appointment of lambardar - In ordinary course choice made by collector prevails unless found to be tainted with element of perversity - Collector can not adopt the rule of pick and choose - Discretion exercised by collector should be based on sound and valid reasons and on objective..........
Mutation -- Mutation entries do not convey or extinguish any title and those entries are relevant only for the purpose of collection of land revenue...........
