Partition suit -- Property in question gifted by plaintiff to her step mother - Perusal of gift deed shows that what is sought to be gifted does not mention any lesser land than whole land - No part of land held back by plaintiff - Even translation of gift deed also shows that donee is deemed to be the owner in possession of complete land - Jamabandi was not done for half..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of fact of Courts below is on record that plaintiff was not able to prove that suit property was in his possession - Suit property was in fact in possession of estate right holders - Findings entered by both the Courts below are based upon Jamabandi of..........
Specific Relief Act, 1963, Section 34, 38, Transfer of Property Act, 1882, Section 116 -- Suit for declaration of ownership - Seeking injunction against defendant claiming possession on basis of tenancy - Plaintiff claiming ownership on basis of entry in jamabandi and oral family settlement - Operation of S.116 of T.P. Act would confer legitimacy to possession of the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mutation entries - Entries made in mutation register by Patwari in discharge of his public duties or orders passed thereon by Revenue Officer would be a relevant evidence u/s 35 of Evidence Act - In present case, mutation in favour of executant's son was given effect to in record of rights i.e. Jamabandi of..........
Revenue Record -- Presumption - Once a jamabandi was on record it carried a presumption however weak and even a weak presumption is not rebutted preponderance of probability will tilt in favour of a person in whose favour presumption lies...........
Revenue entries -- An entry in record of rights does not confer title on a person - Entry in revenue record or jamabandi has only fiscal purpose i.e. payment of land revenue and no ownership is conferred on the basis of such entry so far as the title to the property is concerned and it can only be decided by the competent Civil Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
Agreement to sell -- Hand written - Signatures on agreement to sell admitted by defendant - Defendant got issued the stamp paper for entering into agreement to sell - Defendant also obtained copy of Jamabandi from the revenue office - Once it is proved on file that defendant himself had collected all the documents for entering into agreement to sell, the genuineness of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Specific prayer made in plaint for cancellation of mutation/jamabandi issued in favour of defendant - It is thus, incumbent on plaintiff to have impleaded State Government as a necessary party - Suit held, not maintainable, as necessary party to suit not impleaded...........
Punjab Security of Land Tenures Act, 1953, Section 9(i)(ii), 14(1)(A), Punjab Security of Land Tenures Rules, 1956, Rule 56, Punjab Land Revenue Act, 1887, Section 44, 45 -- Eviction - Respondents seeking eviction of petitioner on ground that petitioner have not paid rent without sufficient cause - Petitioners raised question about status of private respondents of being..........
