Specific Relief Act, 1963, Section 37 -- Permanent injunction - Grant of - Excess share than their share, from holdings of other co-sharer, transferred by defendants in favour of subsequent purchaser - Statement of Patwari based on Revenue Record clearly establishes that excess land was transferred - Held, subsequent purchaser cannot said to be a bona fide purchaser -..........
Agreement to sell -- Suit for specific performance - Readiness and willingness - As per defendants they have not taken any amount from commission agent, but commission agent depicted huge outstanding amount from defendants and on that pretext, obtained signatures and thumb impressions on blank stamp papers, blank documents bearing revenue stamps and in the register by..........
Punjab Security of Land Tenures Act, 1953, Section 14A(1) -- Eviction - Non-payment of rent - Concurrent findings of facts have been recorded by revenue authorities that `R' (now his heirs) have not paid rent - Eviction order against petitioner and others i.e. LRs of `R' has been passed for no, payment of rent - Petitioners/tenants are denying relationship of landlord and..........
Specific Relief Act, 1963, Section 38 -- Suit for declaration and injunction - Right from 1925-26 onwards name of predecessor in title of appellant and after the heath of husband of appellant name of appellant recorded in revenue record - Name of plaintiff was recorded in revenue record, order refusing decree of permanent injunction, held, improper...........
Constitution of India, 1950, Article 226 -- Chhotanagpur Tenancy Act (6 of 1908), S.46(1) - Public interest litigation - Grievance of petitioner, a former member of Parliament that respondents/Chief Minister of State and Revenue Minister have acted in derogation of statutory provisions of law by suspending Order asking authorities to implement provisions of S.46(1) of..........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - There is no qualification prescribed under the rules with regard to appointment of Lambardar - Even an illiterate person can be appointed as Lambardar - Petitioner has preferential claim in view of the fact that his father was a previous Lambardar - Otherwise also all subordinate revenue authorities..........
Civil Procedure Code, 1908, Section 9, Order 23, Rule 3-A -- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - When allegations of fraud are levelled then it has overtones of criminality - Such a decree can only be challenged in a Court constituted under the Code of Civil Procedure...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - Can be challenged in civil Court - O.23.R.3-A CPC does not bar the institution of a suit before the civil court in regard to decrees or orders passed in suit and/or proceedings under different statutes before a Court, tribunal or authority of..........
Madhya Pradesh Town Improvement Trusts Act, 1961, Section 31, Madhya Pradesh Nagar Thata Gram Nivesh Adhiniyam, 1973, Section 38, 87 -- Nazul land - Property belonging to State Govt. - Disputed land never notified for transfer in favour of GDA (Development Authority) - GDA granted lease of land in auction - Legality of - Held, GDA never became owner of land or had..........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Non-appreciation of evidence available on record by Financial Commissioner - Held, case remanded to FC to re-consider evidence on record and pass speaking order by recording specific finding whether petitioner had intentionally submitted certificate of Majhbi Sikh to army authorities for selection of..........
