Civil Procedure Code, 1908, Section 96, Order 41, Rule 1, 2, Civil Procedure Code, 1908, Order 1, Rule 10 -- Leave to file appeal - Suit for declaration of title - Rejection of application filed by mother of petitioner for impleadment U.O.1.R.10 CPC per se not a ground to reject application for leave to file appeal - As Appellate Court has to see as to whether petitioner..........
Land Acquisition Act, 1894, Section 4, 6, 48 -- Acquisition of land - Land acquired for public purpose but diversified for private purpose - Effect - Transfer of title of land, in favour of builder, seeking release of land for colonization - Resulting into gross abuse of law on account of unholy nexus of concerned authorities and builder for enabling builder to profiteer -..........
Partition -- Joint family property - Suit property admittedly purchased in the name of plaintiff's mother - However, plaintiff failed to prove that said property is jointly purchased by plaintiff and his brother - Admittedly all the records pertaining to suit property were in the name of brother of plaintiff and after his death these were mutated in the name of defendants..........
Suit for possession based on title without seeking relief of declaration of title -- Maintainability - Unless there is serious cloud over the title of plaintiff there is no need to file suit for declaration of title - Suit for possession on the strength of title is maintainable...........
Suit for possession based on title -- Property in question inherited by seller of plaintiff being class II heir, as such she had right to sell property to plaintiff - Defendant No.3 on the other hand failed to prove her right over suit property - Moreover, execution of sale deed in favour of plaintiff is not specifically denied in written statement - Even if seller had not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Not maintainable...........
Civil Procedure Code, 1908, Section 80, Specific Relief Act, 1963, Section 34 -- Suit against government - Suit for declaration of possessory right and for recovery of possession - No evidence on record that plaintiff is a landholder or settlement holder in respect of suit land or he was in possession thereof or that in any point of time he was dispossessed by defendants -..........
Specific Relief Act, 1963, Section 34 -- Suit claiming joint ownership on basis of natural succession - Inheritance never remains in abeyance - Plaintiffs deemed to be in possession of every inch of joint land - Plea of defendant that suit filed by plaintiffs is barred by limitation for their failure to challenge mutation within period of 3 years from date of its sanction,..........
Will -- Validity - Claim of title on the basis of unregistered Will - Defendant claiming right on the basis of sale deed - Defendant being third party, claiming right under the sale deed, cannot insist even for the proof of Will as per S.68 of Evidence Act, much less raising suspicious circumstances in the Will - Defendant cannot question validity of Will...........
Will -- Suspicious circumstances - Claim of title on the basis of unregistered Will - Defendant claiming right on the basis of sale deed - Defendant being a stranger, cannot insist to prove Will as such burden of removing suspicious circumstances, does not arise...........
