Adverse possession -- Plaintiff claiming his adverse possession since 1960 - Defendant produced Khasra Girdawaries from 1963-64 to prove possession of father of plaintiff in revenue record as tenant - Copies of khasra girdawaries may not carry the presumption of correctness, however they still form a part of official record - PW3 who is plaintiffs witness admitted in cross..........
Right of pre-emption -- Co-sharers - Plaintiff purchased specific khasra numbers from three co-owners - On purchase of those shares, plaintiff became a co-sharer and by virtue of being co-sharer he would have a right to pre-empt the sale...........
Right of pre-emption -- Co-sharers - Plaintiff purchased specific khasra numbers from three co-owners - On purchase of those shares, plaintiff became a co-sharer and by virtue of being co-sharer he would have a right to pre-empt the sale...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct khasra no. of suit property on the ground that defendants have specifically mentioned in their written statement regarding correct khasra no. of suit property - Therefore, no prejudice will be caused to defendants, if amendment is allowed - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant by way of amendment wished to explain pleadings by giving a description of revenue khasra numbers as well as consolidation scheme by submitting a site plan of existing construction raised by both the parties - Amendment sought would assist Court in arriving at a just decision -..........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - A co-sharer cannot be injuncted from selling his share of property even though property is sold by way of specific khasra numbers and same would tantamount to alienation only of a share by co-sharer...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Court Commissioner - Objection - Once the Commissioner has submitted its report with regard to status of property along with color photographs there is no reason for trial Court to again refer the matter to Commissioner for mentioning of khasra number in its report - Order allowing objection set aside...........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Dispute about the non-payment of acquired land by Respondent/Trust - In property Khasra No. did not mention the identification and the ownership of the property - The fact that the property fetched a larger price cannot be held against the Appellant who participated in the process and offered the appropriate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Plaintiff categorically mentioned in his application U.O.6.R.17 CPC that he got knowledge about incorrectness of khasra number mentioned in the plaint after cross-examination of plaintiff - Order allowing amendment, upheld...........
Easements Act, 1882, Section 13 -- Easement of necessity - Right of pathway - Path in question not depicted in revenue record nor same find mentioned in any settlement of revenue record - Only evidence which plaintiffs are leading to the effect that this path was being made Pucca by Gram Panchayat funds - However, Secretary of Gram Panchayat cannot say about khasra number..........
