Land Acquisition Act, 1894, Section 4, 6, 18, 23 -- Land acquisition - Compensation - Value of building - Guess estimate is not warranted when material evidence in the shape of valuation report is available on record - No rebuttal evidence adduced by respondents - High Court committed error in resorting to guess estimate for reducing the value of building - Impugned order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from interfering in possession of plaintiff - Possession of plaintiff over land in dispute not proved - Permitting defendant to use the land in dispute for brick kiln prima facie proved - Plaintiff could not prove his prima facie case for grant of interim injunction - Balance..........
Transfer of Property Act, 1882, Section 108 -- Tenancy - Destruction of building alone does not determine tenancy when land which was site of building continues to exist - In the event of tenancy having been created in respect of a building standing on the land, it is the building and the land which are both components of the subject-matter of demise and destruction of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right to way - Restraining defendants from obstruction - Nothing to establish the easementary right of plaintiff - Commissioner's report shows that no such way exists which is alleged to be used by plaintiff as approach land to their field - Contention of defendant that plaintiff is using land of his..........
Foreign Exchange Regulation Act, 1973, Section 31(1) -- Restrictions on acquisition, holding etc. of immovable property in India by a person who is not citizen of India - Plaintiffs could not have purchased any immovable property situated in India without seeking prior permission of Reserve Bank of India - Even a joint venture company could not have purchased the same..........
Evidence Act, 1872, Section 35 -- Khasra entries - Do not convey title of suit property as the same is only relevant for the purposes of paying land revenue and it has nothing to do with ownership...........
Partition suit -- Terms of perpetual lease of land underneath the property prohibiting partition thereof do not prevent the superstructure from being partitioned...........
Land Acquisition Act, 1894, Section 28 -- Land acquisition - Delay in payment of compensation - Interest on excess amount - Court awarded enhanced compensation but such amount was deposited in Court after expiry of one year - Appellants, held, entitled to interest @ 15% p.a...........
Land Acquisition Act, 1894, Section 23(1A) -- Acquisition - Enhanced compensation - Provision of S.23(1A) of Act is mandatory and cannot be overlooked - Appellants entitled to 12% enhanced compensation for the period commencing from the date of publication of notification u/s 4 of Land Acquisition Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Restraining defendants from interfering with the possession and using tubewell in land till the same is partitioned - No evidence on record that plaintiffs are in exclusive possession of entire property - Although tubewell is in the name of mother of plaintiffs but it was admitted that..........
