Right of pre-emption -- Co-sharers - Plaintiff purchased specific khasra numbers from three co-owners - On purchase of those shares, plaintiff became a co-sharer and by virtue of being co-sharer he would have a right to pre-empt the sale...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that two sale deeds are not binding upon plaintiff - Cause of action arose in 1988 when on basis of sale deeds defendant got his name mutated in revenue record - Said fact was admitted by plaintiffs themselves and they were aware of said fact from the year 1988 - Suit filed in the year 1999 is thus,..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Decree of specific performance - Extension of time to deposit balance sale consideration - Delay of 853 days in filing application - No sufficient explanation given for delay in filing application for extension of time - Nothing on record to show that in between any notice was given to..........
Mutation -- On the basis of registered sale deed - Cannot be set aside or recalled unless registered sale deed executed in favour of petitioner is set aside in any legal proceeding...........
Mutation -- On the basis of registered sale deed - Cannot be set aside in appeal filed by person claiming right merely on the basis of agreement of sale...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Proceedings under Land Revenue Code attained finality in the year 1991 and sale deed in question declared as fraudulent and benami in favour of plaintiff - However, question as to whether plaintiff was only ostensible owner and not beneficial owner could not have been gone into by Revenue Authorities - Since said..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by mother - Sale deed came to be executed by mother of plaintiff for family necessity and not to fulfill her unjustified or unworthy desire - No prior permission u/s 8 of the Act was required for sale - Suit filed by plaintiff for declaring sale deed null and void rightly dismissed...........
Civil Procedure Code, 1908, Section 151, 152 -- Correction of sale deed executed pursuant to decree - Correction of Gut numbers - There was an error not only on the part of decree holder but also on the part of Executing Court - Court can issue necessary directions for correction of sale deed - Application allowed...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Small extents of land having non-agricultural potential in an urban area was notified for acquisition - Sale exemplar dated 7.12.2004 was earlier to notification dated 11.1.2005 relating to small extent of land can be considered as comparable - Reference Court therefore, was..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars were brought on record to aid Court to determine market value - However, High Court was not justified in merely relying on circular fixing floor rates when other evidence was available on record...........
