Criminal Procedure Code, 1973, Section 482, Punjab Apartment and Property Regulations, 1995, Section 36(1), 36(3) -- Quashing of FIR - Offence u/ss 36(1), 36(3) of PAPRA - Recital in agreement to sell that possession of land is handed over to petitioners - However, petitioners stated at bar that possession is with land owners and said fact verified by SHO and Naib..........
Criminal Procedure Code, 1973, Section 482, Punjab Apartment and Property Regulations, 1995, Section 36(1), 36(3) -- Quashing of FIR - Offence u/ss 36(1), 36(3) of PAPRA - As per the report of SP, land owners were exonerated by making observation that they had no knowledge about intention of purchaser party to construct temporary roads without seeking permission from PUDA..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10A -- Abatement of proceedings - Proceedings before Land Tribunal - Death of respondent no.6 - Application for substitution of LRs of respondent no.6 though filed belatedly but was allowed - Land Reforms Act is a beneficiary legislature and application cannot be rejected on technicality - In fact if any proceeding abates,..........
Easements Act, 1882, Section 13 -- Easement of necessity - Plaintiff claiming easementary right over property belonging to defendant - However, evidence on record reveals that there was an alternative pathway to reach land belonging to plaintiff - Plaintiff thus, not entitled for easementary right over property as claimed by him...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Suit for permanent injunction - Plaintiff purchased suit land by virtue of sale deed - However, boundaries as given in sale deed, do not tally with boundaries as mentioned in plaint - Plaintiff has not taken care to place on record a plan/sketch or apply for inspection and measurement by any..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment made by defendant neither pleaded nor stated by plaintiff while appearing in witness box - Only allegation is that defendant tried to encroach upon suit land - Appointment of Local Commissioner not required - Application rightly rejected...........
Orissa Survey and Settlement Act, 1959, Section 15(c) -- Revision - Cancellation of lease deed on ground of suit land recorded as Government Anabadi Khata - Nothing on record to establish semblance of valid lease in favour of lessee/petitioner - There is also no material forthcoming to prima facie even establish change of use of land making available for lease - Matter is..........
Agreement to sell -- Specific performance - Agreement in question reveals that complete amount of consideration of Rs.42,000 is received - Plaintiff is in continuous possession of land in question - Impugned order of denying relief of specific performance to plaintiff set aside - Decree for specific performance of agreement for sale be prepared accordingly...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 120B -- Bail - Double murder case - Property dispute between parties - Accused was the root point of dispute regarding 53 bighas of land, which was in possession of murdered couple and their son - It was bone of contention between parties particularly owner of land in whose name land was..........
Possession -- Revenue entries - Possession of suit land as Gair Marusi i.e. tenant at will - However, rate of rent and date of inception of tenancy not disclosed - No evidence produced to show of paying any rent - Entry of Gair Marusi in revenue record in favour of father does not in any manner clothes plaintiff with any legal right to be in possession...........
