Suit for possession -- Self acquired property of mother-in-law - Right of daughter-in-law - Plaintiff/mother-in-law is absolute owner of suit property which was purchased by her vide Sale Deed - Suit property is self acquired property of plaintiff - Defendant/daughter-in-law not denied that house in dispute is in the name of plaintiff - However, she submitted that said..........
Specific Relief Act, 1963, Section 38 -- Injunction - Co-sharers - Parties i.e plaintiffs and defendant are co-sharers - In the absence of any evidence led by plaintiff that she was in exclusive possession of suit land and that there had been a partition, suit for injunction qua a co-sharer is not maintainable...........
Mutation -- Law as to: (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) they neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value on..........
Agreement to sell -- Validity - Lack of legal necessity to sell land cannot be a ground to invalidate agreement to sell or to hold that same are not enforceable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Agricultural land - Issue raised in plaint pertains to sale deed being voidable - Civil Court thus, had jurisdiction to try suit and bar created by S.207 of Rajasthan Tenancy Act had no application - Application rightly rejected...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - When there are several exemplars with reference to similar land, usually highest of exemplars, which is a bona-fide transaction will be considered - Further, only where there are several sales of similar lands whose prices range in a narrow bandwidth, average thereof can be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Compensation payable to owner of land is determined by reference to price which a seller might reasonably expect to obtain from a willing purchaser...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Land acquired has to be valued not only with reference to its condition at the time of notification u/s 4 of the L.A Act but its potential value must be taken into account - In this respect, sale deeds of lands situated in vicinity and comparable benefits and advantages which they have, provide..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Land was acquired for public purpose for establishment of Industrial Area - Lands acquired are situated near T-point of State Highway, acquired land has non-agricultural potential and that a percolation tank just opposite to acquired lands, having sufficient water could be found..........
Mutation -- Law as to - (a) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (b) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (c) They neither extinguish nor create title; (d) mutation in revenue records does not have any presumptive value on..........
