Court : Uttaranchal
Reported in : 2006(3)AWC2358
..... . proceeding originaljurisdictionfirst appeal secondappeal 24 209 suit for ejectment assisant commissioner boardof persons occu- collector.pying the land 1st classwithout title anddamages.as such, the above entry contained in second schedule of the aforesaid act, read with section 331 quoted above, bars the jurisdiction of the civil court in respect of the suit in possession of ..... rights under the existing law.above observations had made it simple and clear that if the plaintiff is required to prove his title in respect of agricultural land then by mere institution of suit for cancellation, the jurisdiction would not vest in the civil ..... and if some fraud played on the plaintiff to get the sale deed executed and his title is not questioned, a suit for cancellation of such instrument would lie only in ..... from the pleadings of the parties, it is clear that by execution of sale deed title of the plaintiff stands denied by the transfer or buddh dass, as such in the present case it is the question of title in respect of the agricultural land, which is the real issue and in respect ..... was passed to provide for abolition of zamindari system in agricultural areas situate in urban areas in uttar pradesh and for the acquisition of the rights title and interest of intermediaries between the tiller of the soil and the state. ..... . for example, if the transferor has denied the title of the plaintiff by transferring the land then the title is the real question to be decided for which jurisdiction lies .....
Tag this Judgment!Court : Uttaranchal
Reported in : (2008)13VST245(NULL)
..... these documents clearly show that there was a complete transfer of title and ownership of entire unit.it is also not disputed that the transferor-manufacturer was granted exemption under section 4a from the date of its production for 12 years. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2009CriLJ2753
..... permanent injunction against the defendant (rameshwar havelia, his workmen and agent) from asserting any right whatsoever of any kind over the suit property and also restrain him from interfering the right, title and possession of the plaintiff (asian agro farms india limited) over the suit property in any manner. ..... pradeep sharma, stating therein that pradeep sharma neither had or has any right, title, possession or interest over the property in suit and he has no objection in the suit being decreed. ..... this is because the civil court is competent to decide the question of title as well as possession between the parties and the orders of the civil court would be binding on the magistrate.24. ..... it is only in cases where civil suit is for possession or for declaration of title in respect of the same property and where reliefs regarding protection of the property concerned can be applied for and granted by the civil court then proceedings under section 145 should not be allowed to continue. ..... 1 against the petitioner rameshwar havelia is for cancellation of the sale deed, and not for injunction or declaration of possession or title, therefore, the proceeding under section 145 cr.p.c. ..... 1 made a futile attempt by filing the suit for cancellation of the sale deed during the pendency of the criminal revision in which he also sought the reliefs for declaration of the title, possession as well as for injunction. ..... , even though the title of the property is yet to be decided by the civil court. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr74; 2007(4)AWC3911
..... in case of kale (supra), the apex court, while holding that the registration of family settlement is not necessary, has observed that the members who may be parties to the family arrangement must have some antecedent title, claim or interest or even a possible claim in the property which is acknowledged by the parties to the settlement. ..... das (supra) while holding that family settlement does not amount to transfer, it has been clearly mentioned that the reason for this is in family settlement each party takes share in the property by virtue of independent title, which is admitted to that extent by the other parties. ..... in fact where this expression is mentioned in each column, the sub-title given in (vernacular matter omitted....ed. ..... the title mentioned in said deed is 'fard batwara' (in it words 'jameen jagah ka' appear to be added to the title). .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr87
..... of interference in the possession of the properties belonging to the plaintiffs given at the foot of the plaints either by dispossessing the plaintiffs or by making any construction oven the properties or by acquiring or getting the property acquired or by claiming possessory title or otherwise title in any way directly or indirectly whatsoever.7. ..... to be available to the person who had been enjoying that right on the appurtenant land for the better enjoyment of the land in his possession and such right would not be destroyed on account of vesting of all right, title and interest in the state.29. ..... it is provided that all rights, title and interest of all the intermediaries shall cease and be vested in the state of uttar pradesh free from all encumbrances.26. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1472(UHC)
..... both the parties have led their evidence in respect of their possession as well as title regarding the possession over the property.10. ..... the suit was filed by the plain tiff/respondent praying for permanent injunction not to evict the plaintiff by forcible means and further since he is continuing in possession for the last 45 years, he has acquired title by adverse possession. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2007Utr83
..... of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in india having jurisdiction to grant the relief claimed, or in any court beyond the limits of india established or continued by the central government and having like ..... of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between the parties under whom they or any of them litigating under the same title where such suit is pending in the same or any other court in india.17. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2007(1)AWC112
..... and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title. .....
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2009Utr19
..... abill------------------------------------------------------------------------------short title and 1. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2008(1)AWC1093; III(2008)BC430
..... defendant has pleaded that none of pir bux, kalia or shivrati had any right or title over the disputed property nor were they in possession of the property. ..... this witness has also explained why lalta prasad (predecessor in title of the plaintiff) could not be produced in the court. ..... the said suit filed by lalta prasad (predecessor in title of the plaintiff), was dismissed and appeal filed by lalta prasad was also dismissed vide order dated 28.3.1964, passed by appellate ..... and 2 were lincensee of lalta prasad (predecessor in title of the plaintiff mohan chandra tamta). ..... that plaintiffs suit is not barred by time, nor could it be dismissed on the ground that the plaintiff is not owner in respect of the share mortgaged to ahmadulla shah khan, as the plaintiff has proved his full title over the property in suit. ..... of 1960, filed by lalta prasad (predecessor in title of the plaintiff), against defendants no. ..... as far as the question of title is concerned, the finding recorded by the lower appellate court, reversing that of the trial court is against the evidence on record. ..... narrating the source of title, it is alleged in the plaint that in the becket settlement of year 1872, the property in suit was owned by three brothers namely, pir bux, kalia and ..... though they knew that the property is owned by lalta prasad tamta (predecessor in title of the plaintiff). ..... mustafa shah khan filed his separate written statement admitting the details of the property, but he also denied the title of the plaintiff. .....
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