Evidence Act, 1872, Section 101, 102 -- Suit for declaration of title and recovery of possession - Defendant claiming title on the basis of adverse possession - Onus wrongly placed on plaintiff to prove his possession - Onus is on defendant to prove adverse possession for more than 12 years so as to give him title - No discussion made in this regard - Judgment set aside..........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Scope - Sub-section (1) of Section 14 applies to the cases where the conferment of right to a Hindu widow was in lieu of maintenance or in recognition of her pre-existing right as provided under the Shastric Law and Hindu Women's Right to Property Act - Sub-sections (2) of Section 14 of the Act would apply only to such..........
Evidence Act, 1872, Section 68 -- Sale deed - Mere producing sale deed does not establish title of plaintiff unless it is proved by examining attesting witnesses...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Plaintiffs must succeed on the strength of their own title alone and not on the mere pleading that defendants are trespassers and not entitled to continue in possession - Mere producing sale deed does not establish title of plaintiff unless it is proved by examining attesting witnesses..........
Civil Procedure Code, 1908, Section 99 -- Misjoinder or non-joiner of parties or misjoinder of causes of action - Decree cannot be varied merely for this reason unless they affect the case of plaintiff on merits and touch the jurisdiction of Court - Plaintiffs have no common causes of action - Property not purchased by plaintiffs jointly - Encroachments not made by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Estoppel by acquiescence - Suit for ejectment and recovery of rent on the ground of misuser of property for commercial purpose for which resumption order passed by Haryana Urban Development Authority - Defendant's plea that plaintiff waived his rights on principle of acquiescence or estoppel - Not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Where identity of property involved in suit for declaration of title and for injunction is disputed, Court can issue commission to make local inspection to identify property involved - Decreeing suit without resolving such dispute is irregularity...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 16A, 14 -- Partition of Shamlat land - Scheme of Consolidation provided for partition of Shamlat land - Writ petition against the Scheme filed by some of the right - holders dismissed and Scheme upheld - - Shamlat land divided between different villages by virtue of entries in Wajib -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- As amended and Section 13B as added by Punjab Act 19 of 1976 - Suit for declaration to have become owner by adverse possession in which Panchayat conceded the claim - Civil Court decree of 1979 - Without jurisdiction because by virtue of Section 13 Civil Court had no jurisdiction to entertain the suit -..........
Civil Procedure Code, 1908, Section 65 -- Auction sale - Amount deposited in Court - The same deposited in bank to earn interest - Sale confirmed - Title of purchaser in auction sale vesting from the time of auction sale - Purchasers have no right over the sale consideration deposited in Court - Purchasers are not entitled to accrued interest - Till transfer of amount in..........
