Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - Not only the gift deed in itself contained recitals about transfer of possession, but also the mutation records and statements of both the donor and donee indicate that there was acceptance of gift by conduct...........
Mutation -- Recall application against mutation order by stranger having no direct right or interest in suit property, is not maintainable...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Cause of action for filing suit accrued when disputed mutation came to the knowledge of plaintiff in the year 1999 - Suit has to be filed within 3 years from date when cause of action first accrued - Suit filed in the year 2006 is barred by limitation, though limitation has not been set up as a..........
Mutation -- Mere mutation in Nagar Palika records is not a proof of title...........
Mutation -- On the basis of Will - Not permissible because revenue authorities have no jurisdiction to decide question of correctness of Will - Petitioner is at liberty to file a suit for declaration of title and permanent injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land was purchased by mother of plaintiffs - Land also mutated in her name - Said mutation is not disputed by defendants - Possession of plaintiff of suit land is proved by them - There is prima face case in favour of plaintiffs - Plaintiffs will suffer irreparable loss and injury, if they were..........
Civil Procedure Code, 1908, Section 9, Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971, Section 57 -- Suit for declaration and injunction - Suit for declaration that mutation be declared null and void - Ouster of jurisdiction of Civil Court as per S.57 of Act of 1971 is qua those matters which arise out of Consolidation proceedings -..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Suit for declaration - Both the parties claiming ownership and possession of suit land - Plaintiff failed to produce any document on record to establish identity of suit land which was described by him in site plan annexed with sale deed - Defendant on the other hand placed a copy of demarcation report..........
Hindu Marriage Act, 1955, Section 5, 7 -- Marriage - Proof - Contradictory statements of PW2 (mother) and PW3 (wife) and also contradictory statement of PW3 recorded earlier in mutation proceedings to establish marriage with one `S' - Moreover there is no other evidence other than self serving statements of PW2 & PW3 which are not sufficient to establish marriage of PW3..........
Mutation -- Application alleged to be filed in the year 2003 in fact was submitted for first time in the year 2013 seeking mutation on the basis of Will executed in the year 2003 - Executor of Will died on the next day of executing the Will - No proceedings initiated for mutation for more than ten years - It is clear that deliberately a fraud has been committed in order..........
