Himachal Pradesh Tenancy and Land Reforms Act, 1974, Section 45, 104 -- Non occupancy tenants - Proprietary rights - Non occupancy tenants acquired proprietary rights automatically over suit land after operation of law by statutory notification - Rights granted to party by way of law, cannot be denied on the basis of procedural lapses on the part of public officials...........
Himachal Pradesh Tenancy and Land Reforms Act, 1974, Section 104(3), 45 -- Non occupancy tenants - Transfer of proprietary rights - Non-occupancy tenants acquired proprietary rights by operation of notification - Such rights not disputed by original owners or his LR's at any point of time - Nor any application for resumption of land u/s 104 of Act filed within stipulated..........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104 -- Conferment of proprietary rights - Assistant Collector 2nd Grade has no authority to confer proprietary rights - Assistant Collector 1st Grade can confer proprietary rights upon tenant in accordance with law...........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104 -- Conferment of proprietary rights - Proprietary rights qua suit land exclusively conferred upon defendant No.1 u/s 104(3) of Act on basis of affidavit filed by plaintiff in which he admits that he was not tenant with defendant No.1 - However, said right was obtained on illegal order passed by authority..........
Civil Procedure Code, 1908, Section 35, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 118 -- Imposition of costs - Frivolous litigation - An no, agriculturist cannot purchase land in Himachal Pradesh without prior permission of State - Authorities directed him to produce required documents in specified time - But instead of filing requisite document, he..........
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, Section 16(3)(i), Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963, Rule 19 -- Pre-emption application - Non-compliance of R.19 and Form L.C. 13 of Rules 1963 - Appellant deposited ten percent of purchase money as required u/s 16(3)(i) of Act -..........
Registration Act, 1908, Section 17, 72 -- Sale deed - Refusal to register - Power of Registrar - If sale deed, validly executed with proper stamp paper is presented before registering authority then he is required to satisfy himself in terms of the provisions of 1908 Act and any other circulars and guidelines issued by land reforms department to conclude that whether the..........
Delhi Land Reforms Act, 1954 -- Right to Bhoomidhari - Co- share - Appellants claimed that they are co-sharers with private respondents in Revenue Estate as private respondents were declared as Bhoomidars - Respective shares were apportioned - However, appellants took another plea, they were not allotted 1/5th of total holding - Held, it would be open to appellants to..........
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86 -- Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rr.285B, 285C - Auction - Provision of Rules provide for payment of 25% bid amount in cash immediately and balance within 15 days of sale - Non deposit or of default in deposit would be as if there was no sale...........
Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rule 285A, 285B, 285C -- Auction - Conditions for auction - No estimation of value and no notice was given to Respondent - Publication of conditions of auction was not made before the time of auction fixed - Board of Revenue has clearly ruled that auction procedure has not been followed - Authority holding..........
