Suit for possession -- Father of plaintiff donated the suit property to State and State constructed a Hospital over the land in 1958-59 - Suit for possession without seeking declaration is not maintainable - Moreover, suit filed after almost 43 years is clearly barred by limitation - Merely because name of plaintiff continued in revenue record, it would not confer any..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff is claiming title and possession over suit land alleging that proprietor of village, had settled the suit land in his favour - It stands proved by Amin report and Hukumnama as well as the Rent receipt - Order of Additional Collector directing realization of rent from plaintiff also confirms..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession on the basis of title - Trial Court decreed the suit - However, first appellate Court dismissed the suit on its own by setting up a new case by holding defendants to be tenants - Appellate Court could not travel beyond the pleadings of parties - Impugned order of First appellate court set aside..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Isolated land tax receipt - Not sufficient to prove adverse possession...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Plaintiff sought prescriptive title on the basis of UDR patta issued in his name - However, said patta have no seal of official who signed the document - Even, date of document also not mentioned - Patta was issued in favour of plaintiff without notice to defendants, who were original..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Question involved in suit pertains to possession and does not relate to dispute involving title - Plaintiff proved his possession, supported by documentary evidence in the form of revenue records - In case defendant has any right over subject properties, he can claim possession from plaintiffs, only by..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Plaintiff has failed to prove his adverse title by leading cogent evidence - Therefore, additional document produced by defendants are not necessary to dispose of the appeal and there is no need to afford an opportunity to plaintiff to cross-examine defendants with..........
Registration Act, 1908, Section 49 -- Proviso - Un-registered sale deed - Suit for permanent injunction - Suit is only filed for permanent injunction and not for declaration of title over property - Un-registered sale deed thus, can be received as evidence for collateral purpose to prove the possession of property subject to proof and relevancy...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Plaintiff failed to prove title of his vendor - He has also failed to prove that in the year 1967, defendants forcibly made opening in their western wall and took possession - Houses of defendants were located nearby as memorandum of partition - Water pipes/channels/outlets of defendants house..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Title of plaintiff over suit property not proved - However, oral and documentary evidence discloses settled possession of plaintiffs from 1968 onwards - Relief of permanent injunction rightly granted even though declaratory relief is not granted...........
