Revenue entries -- Conflict in entries - It is the later entry which prevails - Presumption of truth is attached to the later entries, but the same is rebuttable one and it stands rebutted by the fact that alteration in the later entries was made unauthorisedly or mistakably, there being no material to justify the change of entries...........
Revenue entries -- Conflict in entries - Whenever there is any conflict between revenue entries, it is the later entry which prevails - Presumption of truth is attached to later entries - But the same is rebuttable one and it would stand rebutted by the fact that alteration in the later entries was made u, authorizedly or mistakably there being no material to justify the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff claiming himself to be in exclusive possession of suit land as co-sharer and that entries to the contrary be declared as null and void - However, plaintiff nowhere had laid any challenge to the entries whereby defendant was shown as co-sharer - There is no reason to discard the long standing revenue..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Possession of property - Suit property is an abadi land - Revenue record filed by plaintiff and judgment and decree of earlier suit shows that there was declaration by competent Court regarding possession of father of plaintiff over suit property - Simply because defendants were not party in said suit, findings..........
Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908 -- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants and their agents, successors, representatives from using alleged Wills - Wills in question were validly executed in favour of defendants by father of plaintiff - Mutation already granted in the name of beneficiaries and plaintiff failed to challenge the same within the period of..........
Civil Procedure Code, 1908, Section 54 -- Partition - Final decree - Subject property not an estate assessed for payment of revenue to Government - S.54 CPC is with respect to agricultural land as governed by Delhi Land Reforms Act and Delhi Land Revenue Act and would have no application to subject property - Even otherwise, shares of parties have already been determined..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Assistant Collector order indicates presence of parties being represented by counsel, which is totally beyond record - Assistant Collector being competent authority in entertaining application for partition should not be lackadaisic in following procedure particularly effecting service and so call promulgation -..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - As per petitioner, permission granted for change of land use by State Government for setting up industry - However, it is specifically stated in memo granting change of land use permission, that permission does not provide any immunity from any other Act/Rules/Regulations applicable to land in question -..........
Punjab Land Revenue Act, 1887, Section 28, Punjab Land Revenue (Lambardari) Rules, 1908, Rule 15, 16 -- Appointment of Lambardar - There is no force and merit in submissions, as drive for empowering women is in full swing - People would have more confidence in case office of lambardar is represented by woman - It has been case where illiterate persons are more intelligent..........
