Specific Relief Act, 1963, Section 38 -- Permanent prohibitory injunction - Plea of adverse possession - Defendant failed to prove on record plea of adverse possession by leading cogent and convincing evidence - On the contrary plaintiffs proved to be owner in possession of suit land and it nowhere reflects possession if any of defendants over suit land, as claimed by them..........
Civil Procedure Code, 1908, Section 96(3), Land Acquisition Act, 1894, Section 54 -- Appeal - Land acquisition - Decree is not one passed by consent of parties - S.96(3) CPC will not apply - Statutory appeal u/s 54 of Land Acquisition Act, is, thus, maintainable...........
Registration Act, 1908, Section 17, 49 -- U, registered exchange deed - Effect - Exchange deed being an unregistered document having value more than Rs.100 of suit land not admissible in evidence, as it is compulsorily registrable document...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissed as premature - Plaintiffs purchased the land from predecessor-i, interest of defendants - Both the Courts below found that sale deed in question is a valid and genuine document - Plaintiffs were put in possession of land but revenue authorities have only entered mutation of small portion of land -..........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 31 -- Review and appeal - Land acquisition proceedings - Division Bench allowed State's appeal and in consequence dismissed writ petition and upheld the acquisition proceedings as legal and proper that too without dealing with any of issues raised by parties in writ petition and..........
Contempt of Courts Act, 1971, Section 2(b), 11 -- Civil contempt - Willful disobedience - Contemnors/lessees agreed and undertook to hand over vacant possession of suit land on stipulated time - Petitioner already granted 2 years time from date of Memorandum of Compromise to lessee - Instead of honoring the undertaking given to Court, lessees produced subsequent notice..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Inspection of suit property - Plaintiff asserted that suit property was constructed property, while defendant's case was that it was vacant land - In such circumstances, trial Court while appointing Commissioner directed that only report as to constructions or absence thereof..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Orders passed by authorities under Haryana Ceiling on Land Holdings Act, declaring land to be surplus is without issuing notice to plaintiffs, who became owner in 1974 - Said order was wholly perverse and against principal of natural justice - In such circumstances, jurisdiction of civil Court is not..........
Kerala Land Reforms Act, 1964 -- Resumption of lands - As per respondents/official, petitioners illegally obtained Pattayams through fraudulent manner and property is still under ownership of State - As per evidence on record no such Pattayams were issued by revenue department and documents produced by petitioner are fabricated documents obtained with assistance of officer..........
Hindu Law -- Joint family property - No proof of joint tenancy or family business or any other tharwad property to indicate that suit property is part of joint Hindu family - Rather recitals in sale deed point out that assignees had independent income from different avocations and they pooled their money to buy a single plot of land instead of three different properties -..........
