Revenue record -- Revenue - records are not documents of title...........
Hindu Law -- Ancestral property - Pedigree table in itself is no evidence of ancestry, nor can it be basis to decide ancestral nature of property which can only be established by independent proof including revenue records/jamabandis...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Boundaries of suit land were ascertained by way of demarcation conducted by Local Commissioner - Plaintiff objected to report of Local Commissioner only on the ground that demarcation was not carried out on basis of old record - Objections rejected on the ground that in absence of challenge to..........
Agreement to sell -- Specific performance - Plaintiff has specifically averred that though defendants had neither obtained ITC certificate nor had revenue records corrected, they were threatening to dispossess him and create third party rights over suit property - Even, defendants have specifically stated that they were entitled to create third party rights - Concurrent..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Jurisdiction of civil Court - Suit for permanent injunction and cancellation of sale deed - Plaintiff on the date of institution of civil suit was not recorded in revenue records rather defendant was recorded in revenue records - Civil suit for permanent..........
Mutation -- Mutation proceedings are summary in nature - No right or title is created - Revenue entries is only for the collection of revenue from the person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration and not in a writ petition which arises out of summary proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be thrown out at threshold taking into consideration external aid such as revenue records...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Case of plaintiff that oral partition took place between brothers - Plaintiff permitted his sister, defendant to cultivate property - Case of defendant that property was gifted to her by way of "Stridhana" - There were four female descendants to father of defendant - In such case, oral gift to..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title based upon Will - Apprehension that defendants may create third party interest or alienate property since certain revenue records are said to have been made in their favour in respect of very same property - Defendants rightly restrained by appellate Court..........
Revenue record -- Interest in revenue records do not prove title and they cannot have an overriding effect on sale deed...........
