Easement Act, 1882, Section 60 -- Revocable licence - Licensee cannot maintain a suit for perpetual prohibitory injunction against the licensor to continue user of land occupied by him till the expiry of the licence period...........
Easement Act, 1882, Section 64 -- Licence - Licensee is entitled to a reasonable time to leave the property on revocation of the licence and also to remove his good in such property - When licence is revoked without providing such reasonable time, he cannot claim an injunction to continue for user of the land after revocation of the licence - His remedy is only to sue for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 16 -- Proviso - Shamlat deh - Came to be vested in Village Gram Panchayat under Punjab Village Common Land (Regulation) Act, 1953 - Whole village declared to be a municipal area - Plea that Shamlat land would revert back to proprietors of the village - Held, plea not tenable - After repeal of Act of 1953, the..........
Stamp Act, 1899, Section 35(a)(vi) -- Composite document of transfer and lease for indefinite period - Transferee is liable to pay stamp duty on sale consideration of superstructure as well as also lease of land which is chargeable under Art.35(a)(vi) of Sch.I-B of the Act...........
Agreement to sell -- Specific performance - Plea of hardship - Plea that land subject of sale agreement is the only source of livelihood - Plea not acceptable when there is no pleading in written statement that defendant did not foresee hardship by the sale of land at the time of execution of agreement to sell. (Specific Relief Act, 1963, Ss.20 & 21)...........
Indian Penal Code, 1860, Section 420 -- Fraudulent representation of ownership - Agreement to sell entered into - Plea of constituted attorney that he handed over the earnest money to owner and that possession of land was delivered to complainant as such he had no knowledge of the title of owner - Cannot form the basis of a presumption that he had no knowledge that there..........
Haryana Ceiling on Lands Holdings Act, 1972 -- Surplus land - Order as to - Challenged - State contended that petitioner had not set out details of ownership and khasra numbers and as such land declared surplus not identifiable - Held, contention not tenable - State ought to know who was the owner and what is the property which they declared surplus...........
Punjab Village Common Land (Regulations) Act, 1961, Section 2(g) -- Shamlat deh - In case there is any jamabandi entry referring to the name of the proprietor alongside the entry of shamlat deh prior to 26.01.1950 it would conclude the issue that property did not vest in the panchayat and that it was not shamlat deh - Matter remanded for consideration as to (1) any..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction order passed against petitioner by Commissioner holding that petitioner had encroached upon panchayat land by placing mud - Petitioner threatened with demolition of his house in execution of eviction order - Held, eviction order as passed by Commissioner never contemplated demolition of house of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment of Panchayat land - Eviction order passed - Threat of demolition of house in the garb of execution of orders - Civil Court granted injunction - Once a Court grants injunction and if any other competent authority has granted any right to the contrary, the same has to be kept in abeyance and cannot..........
