Punjab Municipal Act, 1911, Section 3(1)(b), 3(8aa), 71(1) -- Per Kapadia J. (Majority view) - House tax - Amount of tax on capital value - Determination of annual value - Classification made between premises occupied by tenants on one hand and those occupied by the owner himself - Whether reasonable and has direct nexus with the object sought to be achieved? Yes - It is..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchaser from vendor - Suit for specific performance - Subsequent purchaser merely denying having no notice of the previous agreement - Plaintiff and subsequent purchaser first cousin and resident of same village - Litigation between vendor and..........
Housing -- Land allotment - For housing society - Refund - Interest - Complainant re-allotted land by OP - It is the inability shown by the complainant on its part, that allotment had to be cancelled by way of withdrawal of offer of allotment - Complainant would not be entitled to any interest - Delay of more than one year in refunding the amount after..........
Punjab Land Revenue Act, 1887, Section 15 -- Constested mutation - Power of AC-II grade - AC IInd Grade sought permission to review contested mutation to correct area of khasra numbers - Instead of correcting area rejected the mutation - AC IInd Grade should have referred the case to AC-I Grade - Acted beyond power & jurisdiction...........
Specific Relief Act, 1963, Section 37 -- Trespasser - Injunction against true owner - Plaintiff shown to be in possession in Khasra Girdawari - Owner recorded to be in possession in Jamabandi -Presumption of truth attached to Jamabandi - Plantiff in unauthorized possession - Non in settled possession - Trespasser in absence of owner - Injunction declined - Punjab Land..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Property in exclusive name of respondent - Appellant failed to adduce evidence to confirm that joint family property nucleus had sufficient funds to acquire suit property and therefore it was joint property - Respondent led sufficient evidence that he purchased family land from his father and brother and..........
Punjab Land Revenue Act, 1887, Section 34, 36 -- Mutation of inheritance - Sanctioned on the basis of natural suceession - Will setup by grandson - Litigation regarding genuiness of Will pending in Civil Court - Will surrounded by suspicious circumstances - To be ignored while sanctioning the mutation of inheritance - After the decision of Civil Court, the party concerned..........
Punjab Land Revenue Act, 1887, Section 34, 36 -- Mutation of inheritance - Will - Surrounded by suspicious circumstances - Revenue Officers not to go into intricate question of law regarding validity of Will, which can be proved only in the Civil Court - Revenue Officers to ignore suspicious Will while sanctioning the mutation of inheritance...........
Specific Relief Act, 1963, Section 37 -- Trespasser - Injunction on the basis of possession - Evacuee property - Unauthorised occupation - Eviction proceedings under Act of 1972 - Collector ordered eviction - Appeal and writ petition dismissed - Possession taken by State - Re-occupation of property after eviction - Suit for permanent injunction on the basis of possession...........
Benami Transactions (Prohibition) Act, 1988, Section 1 -- Benami property (Prior to enactment of Act of 1988) - Land in the name of wife - Sold by husband after her death - Suit for possession by one of the legal heirs of deceased wife - Ownership of wife claimed - Husband asserted that wife benami owner - Wife had no independant source of income - Land purchased by..........
