Specific Relief Act, 1963, Section 34 -- Title suit against Govt. - Decree can be granted only when : (1) plaintiff produces title deeds tracing the title for a period of more than thirty years; (2) when plaintiff establishes his adverse possession to the knowledge of the government for a period of more than thirty years, so as to convert his possession into title -..........
Haryana Municipal Act, 1973, Section 116 -- Land recorded as Gair Mumkin Graveyard in the revenue record, though owned by Municipal Council - Municipal Committee can make an order for closure of burial ground subject to fulfillment of other conditions as envisaged in Section 116 - Suit for permanent injunction to restrain the use of land for which it is reserved, not..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Allowed - Mode of partition sanctioned - Naksha Be approved - Thereafter appellant submitting application for withdrawal of partition on ground that 6 Bighas and 15 Marlas of land was not included in partition - Held, after confirmation of the mode of partition, appellant cannot be permitted to withdraw from the..........
Partition -- Private partition - Plea of - Exact date when private partition took place not disclosed - Private partition not recorded in revenue record - Compensation for acquisition of land was shared equally between the parties by treating them to be co-sahrers - Held, private partition not proved...........
Agreement to sell -- Suit for specific performance - On death of vendor suit filed against his legal representatives - Plea of defendants that the subject matter of the sale agreement is joint undivided property in the hands of Karta - This plea not substantiated by revenue record - Vendor (predecessor-in-interest of the appellants) recorded as co-sharer in the revenue..........
Punjab Land Revenue (Lambardari) Rules, 1908, Rule 15 -- Lambardar - Appointment - Points urged before Revisional Authority that private respondent had been politically connected and had no property qualification were considered and ultimately the decision has been rendered - Held, judicial intervention is not possible only because yet another view is also possible - The..........
Specific Relief Act, 1963, Section 38 -- Injunction - Restraining defendant from transferring an area more than his share - Plaintiff claiming himself to be co-sharer - Defendant claiming exclusive possession as owner on the basis of oral partition which took place between him and father of the plaintiff - Revenue record still reflecting joint possession - Alleged oral..........
Punjab Land Revenue Act, 1887, Section 123 -- Private partition - Has to be reflected in the revenue record - When not so reflected it cannot be believed...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Petitioner u/s 11 of the Act claiming ownership over disputed land - Consolidation scheme relied upon by petitioner recites that 2 Kanals of land given for house of petitioner - But in the year 1921, measurements were in bighas and not in Kanals, and therefore, said recital in document of doubtful veracity -..........
Limitation Act, 1963, Article 58 -- Suit for declaration - Limitation of three years - Mere existence of an adverse entry in the revenue records does not give rise to cause of action as contemplated under Article 58 of Limitation Act - Right to sue accrues when right asserted in the suit is infringed or at least a clear and unequivocal threat to infringe that right by the..........
