Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff's predecessor in interest was given right to use pathway and it includes right to carry the cattle along with them - Unless the right to carry the cattle is allowed, it may not be possible for parties to use the pathway as access to reach their agricultural land and carry out agricultural operations..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Isolated land tax receipt - Not sufficient to prove adverse possession...........
Adverse possession -- Isolated land tax receipt - If really plaintiff was in possession from 1981 till date of filing of suit, he should have paid the land tax every year - However, plaintiff filed only isolated land tax receipt - Isolated land tax receipt not sufficient to prove adverse possession...........
Adverse possession -- Suit for declaration of title on the basis of adverse possession - Plaintiff sought prescriptive title on the basis of UDR patta issued in his name - However, said patta have no seal of official who signed the document - Even, date of document also not mentioned - Patta was issued in favour of plaintiff without notice to defendants, who were original..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - When a suit is transferred from one Court to another, Court only needs to make sure that Court to which suit is transferred is "competent to try" the same...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Question involved in suit pertains to possession and does not relate to dispute involving title - Plaintiff proved his possession, supported by documentary evidence in the form of revenue records - In case defendant has any right over subject properties, he can claim possession from plaintiffs, only by..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 172 days - No proper reasons assigned - Defendant made an attempt to file an independent suit challenging Court auction sale - It is clear that petitioners were very well aware of the legal rights - Application for condonation of delay rightly rejected...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Plaintiff has failed to prove his adverse title by leading cogent evidence - Therefore, additional document produced by defendants are not necessary to dispose of the appeal and there is no need to afford an opportunity to plaintiff to cross-examine defendants with..........
Registration Act, 1908, Section 49 -- Proviso - Un-registered sale deed - Suit for permanent injunction - Suit is only filed for permanent injunction and not for declaration of title over property - Un-registered sale deed thus, can be received as evidence for collateral purpose to prove the possession of property subject to proof and relevancy...........
Partition suit -- Settlement of dispute by mediation and conciliation - Courts are required to explore these methods for amicable settlement of family disputes...........
