Agreement to sell -- Specific performance - It is incumbent upon plaintiff in a suit for specific performance to file a map of suit property with the plaint itself especially when agreement pertains to min khasra numbers out of a specific khasra number...........
Agreement to sell -- Suit for specific performance - Non-description of property - Agreement in question cannot be specifically performed, as there is neither any mention of khasra number or plot which was agreed to be sold by defendant in favour of plaintiff, nor there is any mention of area or width of plot - Decree of specific performance, rightly not granted - Grant of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Cultivation of poppy plants - 20 plants were cut by Police from the fields - Demarcation of fields - Police failed to led any tangible evidence to prove that fields in question were demarcated in accordance with law in order to identify its owner - I.O should have taken into possession copy of Khasra..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Demand of bribe by Patwari to give copy of jamabandi and khasra girdawari - Recovery of tainted currency notes from the pockets of pants of accused - Complainant and shadow witness, the two witnesses of demand and acceptance turned hostile which creates a material void in the prosecution..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale of specific khasra numbers by co-sharer - Injunction - Cannot be claimed against co-sharer - Co-sharer in exclusive possession of land can sell that very portion subject to partition of joint land and he can also oust other co-shares till such time the land is partitioned by metes and bounds...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non-mentioning of khasra Nos. in the sale deed - If there is omission of khasra Nos. in sale deed, Court can always record finding of fact as to whether sale was out of disputed khasra Nos., if the boundaries of said land in dispute are mentioned in the sale deed...........
Co-sharers -- Co-sharer - Even if specific Khasra numbers are made subject matter of sale out of joint land, still area sold would be deemed to be sale of share...........
Evidence Act, 1872, Section 35 -- Khasra entries - Do not convey title of suit property as the same is only relevant for the purposes of paying land revenue and it has nothing to do with ownership...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Jamabandis and khasra girdawaries - Per se admissible - One adjournment must be granted to tender these documents subject to payment of costs...........
Rent and Eviction -- Eviction - Validity - Property does not have Khasra number - Difficulty in assessing actual identity of the property - Held, proper adjudication in summary proceeding under Rent Control Act is not possible - Best course shall be to consign landlord, whoever is owner to file suit for recovery of possession on basis of title, if so advised and Civil..........
