Delhi Co-operatives Society Act, 2003, Section 70, 74, 91 -- Transfer of property by allottee to a no, member of society - Validity - Allotment made by Society as freehold land to its members, who has further transferred/sold subject land/plot by registered sale deed to its successors/purchasers - Their right to become member of society are indeed saved u/s 91 of the Act -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenors - Suit for declaration of title and permanent injunction - Intervenors asserting their possession over suit land on the basis of oral gift made by defendant - They have also instituted suit along with plaintiffs against defendant in same Court - Said suit is sub judice - Intervenors are thus, proper..........
Indian Penal Code, 1860, Section 420, 465, 466, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482, 197 -- Quashing of proceedings - Cheating - Manipulation and tampering of public records - Documents in questions were manipulated and tampered by A-1 to A-5 with the help of officials of Registration Department with an intention to introduce Common pathway in..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of injunction order - Suit property sold by Power of attorney during pendency of suit - Power of Attorney holder was not having knowledge of order of Court and act done by him was in good faith - He has also assured after getting knowledge of order that no further sale of any part of land would be made - It..........
Adverse possession -- Government property - Plaintiffs paid penalty in Encroachment case to government - When penalty is paid, plaintiff admits title of State - Possession is thus, not hostile to real owner and amount to denial of title to property claimed - Even plaintiffs have failed to prove date of entry into suit land, as their father paid the penalty - Element of..........
Adverse possession -- Mere possession of suit land of long time is not suffice to hold plaintiffs have perfected title by way of adverse possession, unless classical requirements of adverse possession nec vi, nec clam, nec precario are pleaded and proved...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Mortgagee after having transferred his mortgagee rights which later on enlarges into ownership is not entitled to transfer of ownership rights of same land subsequently...........
Kerala Land Tax Act, 1961, Section 3(3), 5(2), Kerala Land Tax Rules, 1972, Rule 4 -- Suit for partition - Land tax - Where co-owners/co-sharers are duly allotted shares pursuant to a final decree of civil Court in a suit for partition, it is the statutory obligation of competent revenue officials to ensure basic land tax is collected from such persons who are considered..........
Kerala Private Forests (Vesting and Assignment) Act, 1971, Section 8 -- Declaration that land is not private forest - Local inspection report shows that land in question is under cultivation - No forest trees are found in Scheduled property - Land was cultivated with cashew nuts and rubber trees - It was thus, not covered by Madras Preservation of Private Forest Act and..........
Kerala Private Forests (Vesting and Assignment) Act, 1971, Section 3(2) - - Kerala Land Reforms Act, 1964, S.72-K - Vesting of private forests in Government - Exemption - Certificate of purchase issued in favour of respondent after enquiry by Land Tribunal u/s 72-K(1) of the Act - Certificate is conclusive proof of fact that respondent has been in possession of land as a..........
