Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser - Evacuee property allotted by Custodian department - Allottee sold property - Mutation sanctioned in favour of subsequent purchaser - Subsequent purchaser in possession since 1970 - No notice whatsoever served upon them - Revenue entries not challenged by State - Notice by Tehsildar Sales for auction of said..........
Specific Relief Act, 1963 -- Simpliciter suit for declaration - Maintainability - Plaintiff in possession - Suit for declaration challenging mutation in favour of defendant - No consequential relief claimed - Suit maintainable - Plaintiff in possession can only seek declaration in respect of the title...........
Civil Procedure Code, 1908, Order 23,, Rule 3 -- Compromise affected during appeal - Judgment and decree on the basis of compromise declaring sale deed and mutation as cancelled - Vendor and vendee of the sale not party to the compromise - Sale deed set aside without giving any notice to vendee - Rights of vendee cannot be affected without giving any opportunity to show..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for partition and cancellation of relinquishment deed - Earlier suit was for injunction against dispossession and against mutation - Plea in earlier suit that defendant had not fulfilled her part of agreement leading to relinquishment - Same cause of action in both suits - Pleadings also identical - Plaintiff in previous..........
Will -- Suspicious circumstances - Spacing between initial 15 lines more than spacing in the last 6-7 lines - Both the marginal witnesses not of the village of testator - Both the marginal witnesses related to the beneficiary - Will not produced at the earliest opportunity especially even at the time of sanctioning of mutation on the basis of succession which was..........
Specific Relief Act, 1963, Section 34, Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Suit for declaration - Limitation - Suit for declaration filed after 36 years of sanctioning of mutation - Mere entry of mutation in favour of defendant will not furnish cause of action to the file suit - Cause of action arises to plaintiff when defendant actually threatens to..........
Specific Relief Act, 1963, Section 34 -- Simplicitor suit for declaration by Co-owner/Co-sharer - Maintainability - Suit for declaration claiming = share in land, challenging mutation and subsequent revenue entries - Suit land agricultural in nature - Civil Court not competent to deliver actual physical possession - Revenue Court alone competent to partition the suit land..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Sale of land measuring 7Kanal 2Marla - Mutation sanctioned for 14Kanal 2 Marla - Sale deed challenged by vendors - Civil court holding sale of land measuring 7 Kanal 2 Marla valid and sale of additional 7 Kanal void - Appeal pending in High Court - No stay granted - Mutation of 7 Kanal rightly sanctioned in favour of..........
Civil Procedure Code, 1908, Order 41,, Rule 27 -- Additional Evidence at appellate stage - Copy of mutation of the property in name of ancestors to be produced by leading additional evidence - Mutation Deed is a public document - Public documents can be produced in additional evidence - Such documents do not create any suspicion - Reliance placed on Jayaramdas's case..........
Criminal Procedure Code, 1973, Section 195, 482 -- Penal Code, 1860, Sections 182, 420, 511 - Quashing of complaint - Civil suits between the parties regarding the property in question are pending - On the applications filed by both the parties for transfer of their name in the office record of the Estate Officer, no transfer has yet been made - Both the parties putting..........
