Land Acquisition Act, 1894, Section 4, 48 -- Land acquisition - Interest - Land owner is not entitled to interest from date of dispossession to the date of notification u/s 4(1) of the Act - However, land owner is entitled to rent or damages for use and occupation - Respondents awarded additional interest by way of damages, at 15% p.a. on the amount awarded by Land..........
Land Acquisition Act, 1894, Section 48, 16 -- Release of land - Physical possession of land not taken - Symbolic possession would not serve the purpose - Request for release of land not to be turned down on the ground of operation of S.16 of the Act - Impugned order of High Court rejecting request of appellants for release of acquired land set aside - Matter remanded to..........
Adverse possession -- Mere possession of immovable property by a person for any length of time never give rise to a case of acquisition of title by adverse possession - It has to be open, peaceful, continuous possession and intention of possessor in possessing the land remains the most important factor for consideration...........
Hindu Law -- Ancestral property - Decree of gift - If land is transferred by way of civil decree, acquisition of said land at the hands of beneficiaries becomes self acquired property and loses the character of joint Hindu coparcenary property. (2010(3) Civil Court Cases 072 (P&H) followed.)..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed application during pendency of suit..........
Delhi Land Reforms Act, 1954 -- Right to Bhoomidhari - Co- share - Appellants claimed that they are co-sharers with private respondents in Revenue Estate as private respondents were declared as Bhoomidars - Respective shares were apportioned - However, appellants took another plea, they were not allotted 1/5th of total holding - Held, it would be open to appellants to..........
Adverse possession -- Amongst co-sharers - Plaintiff in possession - No legal and acceptable evidence that their possession was hostile and had ripened into title - Possession was on behalf of each and every co-sharer - Held, plaintiff cannot seek declaration to the effect that he has become owner of suit land by way of adverse possession...........
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86 -- Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rr.285B, 285C - Auction - Provision of Rules provide for payment of 25% bid amount in cash immediately and balance within 15 days of sale - Non deposit or of default in deposit would be as if there was no sale...........
Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rule 285A, 285B, 285C -- Auction - Conditions for auction - No estimation of value and no notice was given to Respondent - Publication of conditions of auction was not made before the time of auction fixed - Board of Revenue has clearly ruled that auction procedure has not been followed - Authority holding..........
Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rule 285L -- Auction - Appellant the auction purchaser - Authority not followed the conditions of auction and Auction purchaser also committed delay in depositing of sale consideration - Auction purchaser held entitled to refund of amount and Authorities directed to refund the same with 5% interest...........
