Civil Procedure Code, 1908, Section 100, Easement Act, 1882, Section 15, 18 -- Easementary right of prescription - Pleadings - Specific plea of easementary right by prescription was taken by plaintiff - Issue also framed - No objection was taken by defendant to framing of issue - On basis of evidence trial Court found that plaintiff was continuously using land as passage..........
Registration Act, 1908, Section 17 -- Oral exchange of land of value of more than Rs.100/- which is subsequently evidenced by a writing executed between the parties to the exchange - Does not require compulsory registration...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Plaintiffs claim that suit land was given to her as her share by way of family arrangement - Family arrange believed - Partition also believed - Same was possible and reasonable view - No perversity in finding so as to warrant interference in second..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 58 -- Suit for declaration - Limitation - Concurrent findings that cause of action arose in month of December 1994 when plaintiff requested defendant to vacate suit land and that suit filed on 6th May 1995 i.e. within three years was not time barred - Finding of..........
Seeds defective -- Groundnut seeds purchased by appellant - Complainant having germination capacity of 70% and more - On sowing the same the germination found to be much less and claim for compensation by the complainant - From the records it came out that complainant did not make the land fit for raising groundnut crop - There was no rain during that period whereas the..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Telegraph Act, Section 7-B - Telephone Service - Deficiency in service - Telephone non functional for several months - Plea of the appellant - OP that the area through which the telephone line passes is covered by dense and thorny bushes and trees and could not be removed due to serious objection raised by land..........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 90, 92 - - Auction sale of land - Cancellation of - Ground that land sold to petitioner on the low rate and earlier sale fetched higher rate of the similar land - Held that inadequacy of the price alone may not constitute the basis of setting aside the sale where there was no violation of the Rule 92 of..........
Auction sale -- Cancellation of - Equity - Auction was held in 1971 -Proceeding for cancellation of sale were initiated in the year 1974 - Order of cancellation was passed in 1983 - In the mean time petitioner continued in possession and must have made lot of improvement on the land - It will not be equitable to evict him from this land after cancelling the sale...........
Adverse possession -- Tenant if occupies land adjacent to the lease property, he cannot claim adverse possession thereto because he entered the property as a tenant. (Limitation Act, 1963, Art.65)...........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 20(1), 6, 8, 9, 10, 11, 15 -- Excess vacant land - Exemption - State Government is empowered to impose conditions while granting exemption under Section 20 but such conditions cannot run contrary to or defeat the provisions of the Act...........
