Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Courts below found that plaintiffs failed to prove that suit land was given by original owner to their grandfather - Defendants on the other hand produced revenue documents in which defendant no.2 recorded as owner of suit property - Since plaintiffs were not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Land in question was sold by father of plaintiff through registered sale deed in favour of defendants and they are in continuous possession of same - Plaintiff was well aware of the fact that land in question is mutated in the name of defendants long back still he neither instituted any proceedings..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration of title and possession - Sale deed in question executed in 1967 - Plaintiff himself admitted that he first time came to know that land is being cultivated by defendants in the year 1985 - Though it is said that due to family relations and adjacent boundaries plaintiff could not gather that possession of..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Land dispute between parties wherein two rival parties are claiming title/ownership/possession - Dispute if any have to be resolved by competent civil Court - Simultaneously initiation of criminal proceedings u/s 145 Cr.P.C along with civil proceedings is nothing but..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
Coal Mines (Nationalisation) Act, 1973, Section 3(1), 2(h)(xi), Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction decree - Validity - Orders evicting unauthorized occupants from public premises at mines area - Challenge as to - Acquisition and transfer of title and interest of owners of coal mines and vested in Central Government - Since..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Claim of title was based on settlement of land - However, in absence of settlement of land in favour of plaintiff followed by evidence of possession, there is no infirmity in concurrent finding of facts recorded by Courts below while dismissing suit of plaintiff - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs claiming title over land on basis of inheritance from recorded tenant - They led evidence in support of their case - Defendants claims title on basis of settlement by Hukumnama - However, pleadings of defendants on these crucial facts has remained unsupported by evidence - In the absence of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections by a stranger - Decree for declaration of title - Land of petitioner is different from land against whom decree has been passed in the suit - Prayer to declare right, title and interest over suit land concerning title suit does not arise, as execution of decree concerning title suit..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Land Revenue Act, 1887, Section 158 -- Rejection of plaint - Dismissal of application - Suit for declaration of title - Jurisdiction of civil Court - Title can only be decided by a Civil Court - Trial Court justified in concluding that jurisdiction of civil Court was not barred - Moreover, plea of limitation would be a..........
