Land Acquisition Act, 1894, Section 23, 51A -- Market value of land acquired - Prevailing prices as on the date of the publication of the notification u/s 4(1), the sale transactions of the same lands or sales of land situated in the neighbourhood furnish evidence of comparable sales - In the instant case comparative sale deeds were filed but not proved as required by law..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Unauthorised construction and occupation - Land belonging to DDA - Plea of tenancy under a charitable society - Land allotted to society by DDA on payment of consideration for construction of hospital - Plaintiff squattered over remaining land belonging to DDA as such DDA is entitled to demolish unauthorised construction..........
Transfer of Property Act, 1882, Section 108 (e), (f) & (m) -- Building destroyed by fire - Tenant is not entitled to reconstruct a new building on his own - Tenant can be restrained from putting up a fresh building in the land on which subject matter of the original lease stood and which was destroyed by fire...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit for possession - Certified copy of return filed by defendant before competent authority not showing him holder of suit land - Application U.O.41 R.27 for production of said certified copy as additional evidence- Rejection of, on ground of delay - Not proper...........
Easement Act, 1882 -- Easement of necessity - Is one which the law creates according to doctrine of implied grant in a particular case and is one without which dominant tenement cannot be used at all that is to say that land of plaintiff is surrounded on all sides by land belonging to third person and the only way of access is over the contiguous land of guarantor - Thus..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction with respect of portion of suit land only - Not invalid...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plea in plaint that partition had taken place between the petitioner and his brother during the life time of their father - That alternative the parties being Sidhu Jats are governed by custom and that the petitioner and his brother were taken to be co-owner - Amendment sought that the land in dispute was ancestral..........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 27 -- Review - Surplus land - Finding as to whether landowner has adoptive son or not - Fresh evidence led under Order 41 Rule 27 - Not permissible in review application - Mistake not apparent on face of record - Reversing earlier judgment on basis of new evidence is illegal and..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Land Tribunal under Kerala Land Reforms Act is a tribunal of exclusive jurisdiction - Decision by it as to existence of tenancy General principles of res judicata apply - Jurisdiction of Tribunal or Civil Court to decide same question - Barred...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - When dispute is as to identification, location and measurement of land or premise or object, which can be ascertained on the spot instead of adducing evidence, local investigation should be ordered at an early stage...........
