Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 7 -- Provincial Government shown to be owner in revenue record - Respondents claiming adverse possession for occupying the land for more than 30 years after the grant/gift by Maharaja of Kapurthala to their forefathers - Respondents shown in the revenue record as cultivators/deemed owners..........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 34, Civil Procedure Code, 1908, Section 47, 34 -- Land acquisition - Interest on solatium - Specific reference of payment of interest by Reference Court but without any such reference to the payment of interest on solatium - Held, it is open to the executing Court to allow interest on the amount of solatium...........
Civil Procedure Code, 1908, Section 9, Chhattisgarh Land Revenue Code, 1959, Section 257, 170A -- (as amended by Amending Act 18 of 1984) - Occupancy rights - Determination - Jurisdiction of Civil Court - Claim that Bhumiswami right is created upon appellant's brother - Revenue Officer is empowered exclusively to determine and decide matter u/s 170A of 1959 Code -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Controversy whether suit land vests or does not vest in Panchayat under provisions of the Act - Held, such controversy can be resolved by authorities under the Act and dispute cannot be entertained by Civil Court in face of statutory bar contained in S.13 of the Act...........
Punjab Pre-emption Act, 1913, Section 15 -- Pre-emption - Plaintiff filed suit claiming superior right of pre-emption on ground of tenancy over suit land - Plaintiff himself thumb marked impugned sale deed in favour of defendant as an attesting witness and relinquished possession over suit land in favour of vendee defendant - Held, plaintiff not entitle to pre-empt sale...........
Redemption of Mortgages (Punjab) Act, 1913 -- Redemption of mortgage - Simple mortgage without possession - Mortgage deed containing stipulation squeezing period of redemption to two years - In the event of failure to get the land redeemed within two years, transaction to be taken as sale - Mortgagor failed to pay the mortgage money in spite of availing four opportunities..........
Specific Relief Act, 1963, Section 19(b) -- Subsequent purchaser for valuable consideration without notice of the prior agreement to sell - Appellant in possession of the suit land as a mortgagee - This fact also mentioned in the sale deed in favour of subsequent purchaser - Question of subsequent purchaser for value and paid money in good faith without notice does not..........
Agreement to sell -- Specific performance - Defendant No.1 a co-owner agreed to sell the suit land measuring 17 kanal 18 marlas - Subsequently sale deed by defendant alongwith his brother in favour of third party of part of joint holding - Sale deed in favour of defendants No.2 to 7 regarding half share of defendant No.1 in the suit land not valid - Suit decreed regarding..........
Agreement to sell -- Suit for specific performance - Suit land was encumbered by way of attachment on an application filed by the appellants and their mother u/s 127 Cr.P.C. - There were no pleadings to the effect that the specific performance of the agreement to sell in question if granted shall cause any hardship to them which could not be foreseen earlier - It is not in..........
Stamp Act, 1899, Section 47A -- Bond - Executed on stamp paper of Rs.15/- and registered - Audit objection - Show cause notice to recover stamp duty of Rs.12.73 lacs on the basis of audit objection chargeable on bond - Sub Registrar holding objection of audit party as justified - Petitioner filed suit for permanent injunction to put restrain on Sub Registrar and Collector..........
