Will -- Proof - One of attesting witness to Will specifically stated that testator signed the Will in his presence and in presence of other attesting witness both attesting witnesses signed the same in presence of testator - Testator of Will duly executed Will duly signed by him - No efforts made by plaintiffs to establish that Will does not bear signatures of testator -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed is forged and fabricated - Maintainability - Defendants were cultivating land covered by gift deed in question on behalf of plaintiffs - It is specific case of plaintiffs that no gift deed was executed and possession of suit property never given to defendants - Even order of mutation passed in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 420, 467, 468, 471, 447, 34 IPC - Allegedly, accused conspired with co-accused for preparing forged gift deed in respect of disputed land - However, accused in his reply stated that he is residing in Lucknow and has no concern with the disputed land - No evidence on record to show that..........
Land Acquisition Act, 1894, Section 28A -- Acquisition of land - Successive applications u/s 28-A of the Act - Not maintainable...........
Land Acquisition Act, 1894, Section 28A -- Acquisition of land - Second application u/s 28-A of the Act - Not maintainable - However, since Collector is at fault in deciding first application u/s 28-A of the Act, when matter was pending in appeal, it is appropriate to consider the first application afresh...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(3) -- Acquisition of land - Lapse of acquisition proceedings - Compensation amount not paid to appellants - It was only deposited with Land Acquisition Collector - Land acquisition proceedings initiated against appellants stand lapsed - However,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Maintainability - Where plaintiff established his possession and enjoyment of extent of his share inclusive of extra land as claimed by defendant, there is no need on part of plaintiff to institute suit for recovery of possession of disputed property - Suit for declaration and..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff and defendants both purchased an extent of 1.12 acres and 0.80 cents of land respectively from total extent of 1.92 acres - Defendants under the garb of revenue records attempted to encroach into plaintiffs property and claiming extra land in suit survey number - However,..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Encroachment made by defendant by raising construction - Plaintiff successfully proved that defendant encroached upon suit land and thereafter raised construction over same, during pendency of trial - Demarcation report submitted by Local Commissioner proves on record encroachment made by..........
Specific Relief Act, 1963, Section 13 -- Extension of date for execution of sale deed - Suit for recovery of earnest money - Defendant admitted that requisite NOC for sale of land is not available with him or with his own vendors on target date of execution of sale deed - Even, defendants claim that plaintiff agreed for extension of target date but no evidence led by..........
