Muslim personal Law -- Does not apply to the agricultural land - However, a person would be only governed by the Muslim Personal Law in case, he makes an application seeking declaration that he will be governed by the provisions of the 1937 Act, only then, the provisions of S.2 of the 1937 Act would come into play. (Muslim Personal Law (Shariat) Application Act, 1937,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Joint owners - Petitioner raised construction on a part of the suit land - Held, petitioner has waived her right to assail and question the construction being raised by the respondents...........
Will -- Proof - Mere fact that none of witnesses of Will is from the village of testator is of no consequence as witnesses of Will are from the village where suit land is situated and were also known to testator...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Preliminary notification - Sale deeds executed long after issuance of preliminary notification, is void and non est in the eyes of law...........
Land Acquisition Act, 1894, Section 6, 16 -- Acquisition of land - Mode of possession - Possession by drawing a panchnama is a valid mode of taking possession...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Plea of adverse possession - Plaintiff failed to prove his title by adverse possession, as she herself admitted that officials of BDA had come to suit property and demolished the existing structure - Act of BDA would amply demonstrate that there was no unhindered, peaceful and continuous possession of suit..........
Specific Relief Act, 1963, Section 6 -- Wrongfully dispossessed - Recovery of possession - Plaintiffs being registered owners of suit land presumed to be in possession of suit land - Burden is on defendants to prove their possession on suit land by adopting due process of law and not otherwise, which they failed to do so - Dispossession within six months prior to date of..........
Land Acquisition Act, 1894, Section 4, 48 -- Land acquisition - Interest - Land owner is not entitled to interest from date of dispossession to the date of notification u/s 4(1) of the Act - However, land owner is entitled to rent or damages for use and occupation - Respondents awarded additional interest by way of damages, at 15% p.a. on the amount awarded by Land..........
Land Acquisition Act, 1894, Section 48, 16 -- Release of land - Physical possession of land not taken - Symbolic possession would not serve the purpose - Request for release of land not to be turned down on the ground of operation of S.16 of the Act - Impugned order of High Court rejecting request of appellants for release of acquired land set aside - Matter remanded to..........
Adverse possession -- Mere possession of immovable property by a person for any length of time never give rise to a case of acquisition of title by adverse possession - It has to be open, peaceful, continuous possession and intention of possessor in possessing the land remains the most important factor for consideration...........
