East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Relationship of landlord and tenant - Where tenant denies relationship of land and tenant, Rent Controller is not required to draw a provisional order of assessment of rent and give an opportunity to make payments of arrears of rent - Order of eviction upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Declaratory suit - Plaintiff claiming title and also to set aside sale deeds executed by defendant in favour of third parties - Amendment sought to seek preferential right u/s 2 of Hindu Succession Act on ground that he was co-sharer of suit land - Such preferential right can ordinarily be claimed within..........
Specific Relief Act, 1963, Section 19(b) -- Agreement to sell - Suit for specific performance - Subsequent purchaser for valuable consideration without notice - Once the possession is of the plaintiff over the suit land, the subsequent purchaser should make an inquiry as to title or interest of the person in actual possession as on the date when sale transaction was made..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Proof as to owning agricultural land- No convincing evidence to prove income out of the land - It cannot be said that there is a total loss of income due to the injury suffered by the appellant - Calculation of amount of compensation on basis of notional income upheld...........
Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 14 -- Acquisition of land - Acquisition proceedings lapsed in one case because of operation of law - Those proceedings cannot be deemed to continue in other case where stay has been granted - It is not fair to penalize those parties who approached the court of law to seek relief - Notification..........
Stamp Act, 1899, Section 9(1)(a), Hindu Succession Act, 1956, Section 8 -- Stamp duty - Exemption from payment - As per notification no stamp duty would be chargeable in case of transaction or transfer by an owner of agricultural land and rural residential property to his Class-I heirs - In instant case transfer has been made by great grandfather to his great grandson -..........
Agreement to sell -- Specific performance - Agreement to sell agricultural land - Due to consolidation proceedings Khewat Nos. or Khatauni Nos. changed - However, substantial portion of the land remained the same - Held, that decree of specific performance can be granted in respect of that part of suit property. (Specific Relief Act, 1963, S.12)...........
Punjab Land Revenue Act, 1887, Section 121 -- Private partition - Unless reflected in revenue record the same cannot be looked into...........
Punjab Land Revenue Act, 1887, Section 20 -- Partition case filed before Tehsildar - Case decided ex parte against petitioner - Ex parte order confirmed in appeal as well in revision - Petitioner impugned order rendered in appeal as well as in revision by way of writ petition - It was not the case set up by petitioner that procedure as envisaged u/s 20 of the Act for..........
Transfer of Property Act, 1882, Section 52, Land Acquisition Act, 1894, Section 6 -- Lis pendens - Declaration u/s 6 in respect of acquisition of land issued - High Court set aside declaration u/s 6 of the Act - Order of High Court set aside by Supreme Court - Held, that if applicants are purchasers of land pendente lite which was subject matter of different proceedings..........
