Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Predecessor-i, interest of plaintiffs purchased half of suit property from predecessors-i, interest of defendants by way of registered sale deed and remaining suit land was obtained by way of exchange - Sale deed in question is proved on record - Plaintiff thus became the owner of..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Executant of sale deed when seeks cancellation of deed he has to pay ad valorem court fee on the consideration stated in the sale deed - If non executant seeks declaration that the deed is null or void and does not bind him or his share he has to merely pay a fixed court fee and in case he is not in possession and he..........
Karnataka Urban Development Authority Act, 1987, Section 17(3), 19(3) -- Acquisition of land - Scheme remained unimplemented in respect of the land in dispute, possession remained in favour of respondent - Admittedly, land was acquired for a housing Scheme - Power of attorney holder of first respondent requesting for exemption of land from acquisition was rejected by..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Eviction - Bonafide requirement of premises for re-construction - Eviction sought for raising construction of first floor as it is not possible to raise construction of first floor on the existing structure - Reconstruction is for making provision for additional accommodation - No prejudice is likely to be..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objections - Issue regarding correction of boundary of suit land already decided by executing Court - No objection was raised by JD - Correctness of facts recorded by a Court of law in a judicial proceeding is sacrosanct and cannot be questioned at a belated stage - JD has absolutely no lawful basis..........
Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Benami transaction - Suit for partition, possession and mesne profits - Maintainability of suit - Plaintiff admittedly claimed 1/3rd share of suit property purchased in the name of defendant - Registered sale deed is in the name of defendant - Suit filed in 1990 after coming into force of Benami Act - It is not..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Land Acquisition proceedings - Lapse u/s 24(2) of the Act is post award, that would effect only the land referred to in award and not the entire lands covered by Notification u/s 4(1) of 1894 Act under which proceedings for acquisition were initiated..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Decree for declaration and possession - Petitioner claimed to be owner of suit property by way of Will and contended that boundaries of suit property not mentioned in the plaint - However, record shows that boundaries of suit property are mentioned in the plaint - Moreover,..........
Civil Procedure Code, 1908, Order 12, Rule 8 -- Notice U.O.12.R.8 CPC - Non-production of document inspite of notice - Adverse inference cannot be drawn against a party called upon to produce a document, unless it is proved that document in fact is in possession and custody of party concerned - Even otherwise, such inference is no more than presumptive evidence which by..........
Mutation entries -- Nothing to do with ownership and cannot be treated as evidence of ownership of property, particularly when one of parties is in possession of a registered document of title which is correct and complete proof of ownership...........
