Adverse possession -- Isolated land tax receipt - If really plaintiff was in possession from 1981 till date of filing of suit, he should have paid the land tax every year - However, plaintiff filed only isolated land tax receipt - Isolated land tax receipt not sufficient to prove adverse possession...........
Stamp Act, 1899, Section 47A(3) -- Stamp duty - Determination of nature of land - Residential or agricultural - Spot inspection by authorities is the key factor in determining the true nature of land or property - Khasra record should not be blindly accepted as accurate on the basis of its description in the official record without validation from on-site inspection - Land..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 122(C)(6) -- Cancellation of allotment of land - Limitation - Authorities initiated the proceedings for cancellation of allotment on the basis of report of Lekhpal after 13 years from the date of allotment - Though there is no limitation fixed for initiation of proceedings under UPZALR Act, however,..........
Indian Penal Code, 1860, Section 447, 427, 294, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 447, 427, 294, 506, 34 IPC - Quashing of FIR - Complainant was not sure about the date of commission of alleged offences - No reason given for delay of 39 days in lodging FIR - Allegation levelled by complainant that accused demolished the boundary wall..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 15 -- Acquisition of land - Hearing of objections - Competent authority - Land acquisition notification was issued by State Government - Therefore, neither District Collector could act as appropriate Government in regard to acquisition in question nor was he..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of investigation commissioner - Right of pre-emption - Pre-emptor in the case has simply to prove that he was an adjacent owner - Such proof could easily be accomplished on the basis of respective title deeds, mouza map, record of right, land plan annexed to deeds etc. - Local features of the plots would hardly be..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Land in question is joint - Since, defendants are trying to occupy the portion of joint land and exclude plaintiffs from its use, they are entitled to seek relief of prohibitory injunction and mandatory injunction - They need not seek relief of partition or declaration of title...........
Bihar and Orissa Government Estate Manual, 1919, Rule 15, 28(5) -- Resumption of land - State did not bring any material on record to show that there was any specific public purpose for which land was required as provided in Bihar and Orissa Government Estate Manual - Resumption case was initiated due to breach of conditions of Manual and conditions of lease agreement and..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
