Land Acquisition Act, 1894, Section 4, 6, 18 -- Acquisition of land - Compensation - Fall in price - Land acquired vide notification dated 09.06.1987 - Reference Court determined compensation relying on judgment of High Court as regards to land acquired in same village through notification issued on 13.12.1982 providing for a 12% P.A. increase on ground that escalation..........
Court Fees Act, 1870, Section 7 - - Court fee - Suit for declaration to be owners in possession by way of adverse possession and that defendants have no right, title or interest in the suit land and that various sale deeds and consequent mutations are null and void and relief of injunction also prayed - Plaintiff not being party to the impugned sale deeds is not liable to..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad interim injunction - - Suit for declaration of title - Though construction was being made on plaintiffs' paternal property, she has come to court only when the discussion regarding share failed - So, plaintiffs instituted suit at belated stage, when the promoter was about to complete internal works and to hand over..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Under-valuation of partition suit - Determination of - No specific averment in plaint to the effect that plaintiffs have been excluded from possession of property in question - It is specifically pleaded that plaintiffs and defendant are co-owners of suit properties - It is further stated that "the..........
Adverse possession -- Suit for declaration on the basis of adverse possession - Plaintiff while in the witness box admitted that defendants are owners of the suit land and he is in legal possession of the suit land - Held, this admission demolishes the whole case of plaintiff that he is in adverse possession of the suit land...........
Ownership -- Claim on basis of occupancy right - Defendant was recorded to be occupancy tenant over suit land in revenue record - Even, defendant became owner of suit land on coming into force of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act and mutation was also sanctioned in favour of defendant depicting it as owner of suit land - There is no evidence to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Plaintiffs/respondents and defendant No.1/petitioner are sons and grand-sons of `B' - In jamabandi they are depicted to be joint owners as well as in joint possession of suit land including khasra No. in which disputed tube-well and electric connection in question stand..........
Civil Procedure Code, 1908, Section 60, Order 21 -- Execution of decree - Objection - Appellant/objector (third party) contended that decree holder has not placed any material on record to depict that JDs are owners of disputed property - Held, objection cannot be allowed to be raised - Appellant can succeed only on the basis of his claim in disputed property...........
Criminal Procedure Code, 1973, Section 482 - - Transfer of case for investigation - Theft of 23 metric tones of TMT bars from lorry valued at Rs.9,86,000/- - Complaint disclosed that owners and drivers of vehicle were hand in glove with organized criminals and inter-State gangs, who were engaged in committing theft of steel materials belonging to petitioner's-company -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - Held, a co-owner, who is NRI, even when other co-owners are not NRIs, can maintain a petition for ejectment for benefit of all co-owners...........
