Punjab Land Revenue Act, 1887, Section 13(c) -- Rejection of mutation by Commissioner - Order affirmed by Financial Commissioner - Non-application of mind by FC - Respondents neither claim to be legal heirs of deceased nor they are claiming to be vendees of deceased, rather they were not having any relation and even are not remotely inheritance of deceased - FC failed to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissed as premature - Plaintiffs purchased the land from predecessor-i, interest of defendants - Both the Courts below found that sale deed in question is a valid and genuine document - Plaintiffs were put in possession of land but revenue authorities have only entered mutation of small portion of land -..........
Will -- Genuineness - Once all three sons had got mutation of agricultural land on basis of registered Will, it will certainly be factor to be noticed while deciding genuineness of Will...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed is forged and fabricated - Maintainability - Defendants were cultivating land covered by gift deed in question on behalf of plaintiffs - It is specific case of plaintiffs that no gift deed was executed and possession of suit property never given to defendants - Even order of mutation passed in..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Clause 12 - Sale of allotted land - Resumption of land on account of no, payment of due instalments - Land allotted to allottee `B' by successors-i, interest - `B' will become owner of property only after paying entire instalments and after issuance of sale certificate by State and not merely on basis of..........
Hindu Law -- Suit for partition - Agriculture land already in possession of plaintiff as Khatedar at the time of institution of suit - No claim of defendants as to division of khatedari rights or mutation - Suit instituted for partition of haveli only - After accruing Khatedari rights, agricultural land would become self acquired property of plaintiff - Cannot be made part..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration challenging two Wills - Wills in question were validly executed and not proved to be forged and fabricated - Long silence of plaintiff from the date of mutation of Wills till 2007 established that he knew about the existence of Wills executed by his father whereby he divided one acres of land to his two sons who..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants and their agents, successors, representatives from using alleged Wills - Wills in question were validly executed in favour of defendants by father of plaintiff - Mutation already granted in the name of beneficiaries and plaintiff failed to challenge the same within the period of..........
