Hindu Law -- Ancestral property - Decree of gift - If land is transferred by way of civil decree, acquisition of said land at the hands of beneficiaries becomes self acquired property and loses the character of joint Hindu coparcenary property. (2010(3) Civil Court Cases 072 (P&H) followed.)..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed application during pendency of suit..........
Delhi Land Reforms Act, 1954 -- Right to Bhoomidhari - Co- share - Appellants claimed that they are co-sharers with private respondents in Revenue Estate as private respondents were declared as Bhoomidars - Respective shares were apportioned - However, appellants took another plea, they were not allotted 1/5th of total holding - Held, it would be open to appellants to..........
Adverse possession -- Amongst co-sharers - Plaintiff in possession - No legal and acceptable evidence that their possession was hostile and had ripened into title - Possession was on behalf of each and every co-sharer - Held, plaintiff cannot seek declaration to the effect that he has become owner of suit land by way of adverse possession...........
Civil Procedure Code, 1908, Order 21, Rule 84, 85, 86 -- Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rr.285B, 285C - Auction - Provision of Rules provide for payment of 25% bid amount in cash immediately and balance within 15 days of sale - Non deposit or of default in deposit would be as if there was no sale...........
Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rule 285A, 285B, 285C -- Auction - Conditions for auction - No estimation of value and no notice was given to Respondent - Publication of conditions of auction was not made before the time of auction fixed - Board of Revenue has clearly ruled that auction procedure has not been followed - Authority holding..........
Uttar Pradesh Zamindari Abolition of Land Reforms Rules, 1952, Rule 285L -- Auction - Appellant the auction purchaser - Authority not followed the conditions of auction and Auction purchaser also committed delay in depositing of sale consideration - Auction purchaser held entitled to refund of amount and Authorities directed to refund the same with 5% interest...........
Delhi Municipal Corporation Act, 1957, Section 312, 313 -- Petitioners seeking direction to respondent to incorporate land in dispute in layout plan - Rejection of proposal by LOSC and approval of said rejection by Standing Committee - Petitioners acquired possession of land by purchasing it vide duly registered sale deeds - Evidence on record clearly establishing that..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Supplementary negotiated award of compensation - Reference to Court - Award of compensation announced in absentia, not accepted by appellant, as there being an objection with regard to amount of compensation, particularly regarding statutory benefits - Appellant filed the petition before expiry of six months..........
Partition -- Suit for cancellation of sale deed - Jurisdiction - Since disputed property is admitted as agricultural land - Declaration of plot or recognition of ownership can be granted only by Revenue Court and not by Civil Court - Further, cancellation of sale deed is an ancillary relief to declaration of ownership - Hence, Civil Court has no jurisdiction...........
