Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for declaration and permanent injunction - Plaintiff filed the suit on basis of earlier judgment and decree of 1982 in which title of plaintiff was declared - Non-filing of execution proceedings qua said decree of 1982, defendants do not ipso facto become owners of suit property and same does not debar..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiffs are admittedly co-sharers - Their possession is also established from revenue record and earlier litigation between predecessors of parties - Partition proceedings are going on - Till then plaintiffs have certainly a right to retain possession of suit land - Ad interim injunction rightly..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that two sale deeds are not binding upon plaintiff - Cause of action arose in 1988 when on basis of sale deeds defendant got his name mutated in revenue record - Said fact was admitted by plaintiffs themselves and they were aware of said fact from the year 1988 - Suit filed in the year 1999 is thus,..........
Agreement to sell -- Specific performance - No documentary evidence was submitted by plaintiff to show payment of sale consideration to predecessor of defendant - Oral evidence in this regard was self contradictory - More so, sale agreement was executed in 1987 and predecessor of defendant died in 1996 and thereafter suit was filed in the year 2004 - No evidence on record..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of Court - Suit for cancellation of sale deed and correction of entries in revenue record - Plaintiff is seeking relief mainly for cancellation of sale deed - Sale deed can only be cancelled by civil Court after adducing evidences by parties - Court below already framed issues regarding..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Boundaries of suit land were ascertained by way of demarcation conducted by Local Commissioner - Plaintiff objected to report of Local Commissioner only on the ground that demarcation was not carried out on basis of old record - Objections rejected on the ground that in absence of challenge to..........
Mutation -- Entry in revenue record does not necessarily give rise to cause of action - Revenue entry is only for updating revenue record and a mere entry or non-entry does not affect right, title or interest of owners - In the instant case, suit for declaration that plaintiff is owner to extent of 1/5th share in joint agricultural land as well as 1/3rd share in..........
Suit for possession and mandatory injunction -- Plaintiff failed to show from record that it has any right, title or interest in suit land - There is no title deed or revenue record forthcoming - Plaintiff thus, cannot seek possession or seek mandatory injunction against defendants qua same - More so, plaintiff has also not been able to show how suit was maintainable in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession of suit land based on title - Plaintiff by producing allotment order has proved her title and by producing khatiyans has proved her possession over suit land - Allotment order is document of title and it can be accepted as document of title - Khatiyans are revenue record and it..........
Stamp Act, 1899, Section 33, 35, 38, 39 -- Deficient stamp duty - Penalty - Parties entered into an agreement to sell without having knowledge of amendment carried out by State of Punjab - Amount of deficient stamp duty comes to Rs.6 lakhs approximately - No material on record that plaintiff intentionally tried to evade payment of stamp duty or tried to cause loss to..........
