Back
DEEPAK GUPTA
State of Punjab – Appellant
Versus
Keshav Chander – Respondent
JUDGMENT
Deepak Gupta, J.
By way of this Regular Second Appeal, the unsuccessful defendants (appellants herein) have approached this Court challenging the concur-rent finding of the Courts below, whereby Civil Suit No.110 of 1984 titled as 'Kesar Chander v. Punjab State and others' filed by the plaintiff (respondent herein) for declaration was decreed; and the first appeal filed by the appellants was dismissed.
2. In order to avoid confusion, parties shall be referred as per their status before ld. lower Court. During appeal, LRs of plaintiff - respondent were brought on record.
3. According to the plaintiff, he had purchased the suit land from previous owners Krishan Kumar and Jagdish Chander for consideration of Rs. 5300/- vide registered sale deed dated 02.12.1943 (Ex.P1); that defendants had no concern with the said land but were threatening to dispossess him (plaintiff) forcibly. Plaintiff prayed for decree of declaration that he is the owner in possession of the suit land with further prayer for decree of permanent injunction to restrain the defendants from dispossessing him from the suit land in any manner.
4. The stand of the defendants was that though Krishan Kumar and Jagd
Ownership rights acquired prior to partition are valid, and the jurisdiction of Civil Courts remains intact if property is not declared evacuee property by the custodian.
The main legal point established in the judgment is the automatic vesting of property in the custodian under the Evacuee Local Act and Evacuee Separation Act, leading to the extinguishment of the mor....
The main legal point established in the judgment is that while the Civil Court's jurisdiction was ousted, the plaintiffs could succeed in insisting on following the procedure under Section 12 of the ....
Possession continues until lawful dispossession occurs, with title passing to the auction purchaser upon full payment, regardless of sale certificate issuance.
Act, 1954 does not stipulate any permission of the Custodian General for disposal, by sale, of evacuee properties. Thus, no permission of the Custodian General was required to dispose of the disputed....
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
Redemption of mortgage – Through Legal Representatives, there is no period to seek redemption of a usufructuary mortgage.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
