Civil Procedure Code, 1908, Section 11 -- Res judicata - Proceedings under Land Revenue Code attained finality in the year 1991 and sale deed in question declared as fraudulent and benami in favour of plaintiff - However, question as to whether plaintiff was only ostensible owner and not beneficial owner could not have been gone into by Revenue Authorities - Since said..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Barred by S.257 of Chhattisgarh Land Revenue Code - Question whether purchase by a tribal was a sham and nominal transaction for benefit of a non-tribal, may not fall exclusively within jurisdiction of authorities - Civil suit for declaration of title is not barred...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Classification of land as pushtaini and Gair-pushtaini - Classification made by authority does not find its footing in the Act or UP Land Acquisition Rules - Said classification made for the purposes of awarding differential compensation is bad in law - Moreover, when the purpose of acquisition..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Additional compensation - Challenge as to - Issue of additional compensation by making an artificial classification of land as pushtaini and Gair-pushtaini was not in existence at the time of agreement - There was thus, no occasion to challenge the same - Moreover, appellants because of their signing agreement..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Notice to defendant - Amendment was carried out after defendant was proceeded ex parte and apportionment of share in partition suit was claimed - In absence of any notice to defendant pleading would remain unchallenged, therefore substantial loss would be caused - Notice to defendant was required and in..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Setting aside - Appeal u/s 96 CPC and an application U.O.9.R.13 CPC was preferred against ex parte decree - Right of defendant u/s 96 CPC cannot be taken away - Both appeal as well as application U.O.9.R.13 CPC would be maintainable...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay in filing appeal against ex parte decree - Ex parte decree though passed on 21.12.2021 and defendant received notice of same on 21.7.2022 - Consequently, appeal was filed with delay - Valid reasons have been assigned - Delay in filing appeal condoned...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Small extents of land having non-agricultural potential in an urban area was notified for acquisition - Sale exemplar dated 7.12.2004 was earlier to notification dated 11.1.2005 relating to small extent of land can be considered as comparable - Reference Court therefore, was..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars were brought on record to aid Court to determine market value - However, High Court was not justified in merely relying on circular fixing floor rates when other evidence was available on record...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - When large extent of agricultural land is sold under a document and if land is to be used for agricultural purpose, price agreed thereto would be based on nature of land and purpose for which it is put to use...........
