Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Plea of encroachment of land by defendant - Demarcation of suit land - Encroachment has to be proved by petitioner and for this purpose Local Commissioner cannot be appointed to collect evidence for either party - Nothing on record to suggest that petitioner approached Revenue Authorities for demarcation..........
Revenue record -- Mere entries in revenue record are not conclusive proof of actual physical possession of person whose name is entered therein...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Dispute as to in which survey number the offending construction has been raised - When dispute is regarding identification of land, same cannot be easily resolved, but for the assistance of competent revenue authority - Tehsildar appointed as Commissioner...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16, 10 -- Maintenance to Senior Citizen - Awarded at Rs.7,500/- per month - Applicant thereafter wrote a letter to Minister for Revenue which was transmitted to District Collector who then unilaterally acted as Appellate Tribunal and enhanced maintenance to Rs.10,000/- - Jurisdiction of Appellate..........
Agreement to sell -- Suits for specific performance - Maintainability - Suppression of material facts - Suits are at the stage of framing of issues - Proceedings before Tehsildar and revenue authorities are alleged to be concealed by plaintiff - Though, proceedings before Tehsildar and revenue authorities ought to have been disclosed by plaintiff, as same may have bearing..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Revenue suit proceedings for seeking possession instituted by plaintiff after delay of 53 years with clever drafting not seeking declaration and that would lead to inescapable conclusion that suit was clearly barred by limitation - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right claimed as co-sharer - Plea that name of respondents alone is wrongly recorded in the revenue records - Rights claimed by plaintiffs as co-sharers are still to be decided, which is a matter of evidence to be led by parties - Until and unless their right as co-sharers is decided, it cannot be..........
Orissa Administrative Services Class II(Recruitment), Rules, 1978 -- Regulation.6 - Promotion - Post of OAS Class II - Names of respondents never considered for selection or promotion beyond the stage contemplated under Regul.6 - Only names of respondents were recommended for consideration - In the meanwhile State re-structured and abolished OAS Class II cadre and..........
Karnataka Land Revenue Act, 1964, Section 4, Karnataka Land Grant Rules, 1969, Rule 9(i) - - Grant of agricultural lands to members of SC/ST community - Condition of no, alienation for period of 15 years - Appellant transfer the land by executing GPA in favour of his wife - GPA was executed prior to period of 15 years - Nature of transaction was such that it had occurred..........
Adverse possession -- Both the parties to suit did not know as to how much land was in exclusive possession of plaintiff and how much land was in possession of defendants - It was only when plaintiff got suit land measured through revenue department, he came to know that some portion which had fallen to his share was in possession of defendants - Question of perfecting..........
