Khasra Girdwari entries -- Person claiming to be in cultivating possession of land in dispute as gair marusi prior to partition between co - sharers - Land recorded to be in possession of owner as Khud Kasht in revenue record - Onus of bringing material on record is on the person who wants presumption to be rebutted - Note - book (used by school children) recorded that..........
Land Acquisition Act, 1894, Section 17(4) -- Urgency, challenge to - Acquisition for constructing a drain for disposal of sewerage water - Nothing done at the site and landholder continued in possession of land - Possession of landholder threatened after he approached High Court and that too after 8 months of issue of notifications - Urgency invoked only to rule out..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for specific performance - Ad interim injunction restraining defendant from selling, alienating and or parting with possession of the suit property - Verbal agreement to sell for an amount of Rs.50 lacs - It is unbelievable that no document would be executed by the parties - It is also unbelievable that an advance..........
Adverse possession -- Against stranger and co-owner - Distinction - In the case of stranger, it is sufficient that the adverse possession is overt and without any attempt of concealment - When the adverse possession is open, visible and notorious, if the owner remains ignorant and indifferent, he cannot complain regarding the nature of possession by the person claiming..........
Adverse possession -- Amongst co-owners - There must be evidence of open assertion of hostile title, coupled with exclusive possession and enjoyment by one of them to the knowledge of the other so as to constitute ouster - The burden of proving ouster is on the person claiming to displace the lawful title proved by a co-owner & he has to prove something more than the..........
Khasra Girdwari entries -- Tenant applied for correction of Khasra Girdawari - Girdawari case decided in favour of tenant on the basis of spot inspection alone - Civil Court held landowner to be in possession of land and tenant restrained from interfering in possession of landowner - After consistent decisions of Revenue Courts which resulted in ejectment of tenant from..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Structures made during the pendency of litigation - Demolition - In order to execute the decree for possession, Court can order for demolition of the existing structure made during the pendency of the litigation - J.D. cannot frustrate the decree for possession by raising construction during pendency of litigation - Courts..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree for actual possession of immovable property - If one of the coparceners assigns or transfers his interest in the subject matter of the decree in favour of the J.D., the decree gets extinguished to the extent of the interest so assigned and execution will lie only to the extent of remaining part of..........
Transfer of Property Act, 1882, Section 105, 107 -- Test to determine -
(i) Real test is to find out the intention of the parties keeping in mind that in cases where exclusive possession is given, the line between lease and license is very thin;
(ii) Intention of the parties to be gathered from the document itself and mainly, intention is to be gathered from the meaning..........
Equity -- Collusive allotment of land - Person holding such possession has no right to say that he has been in possession of premises nearly for 11 or 12 years as such his possession should be protected - Equity is not in favour of protecting possession of such person...........
