Effect of Transfer of Property Act, Section 43:
The amount of deposit under Section 134 of the U.P. Zamindari Abolition Act was made on October 28, 1961 and it was on the same day that the sale deed was executed by Matbar Mal. It is clear that Matbar Mal erroneously represented to the vendee that he was authorised to transfer the property and professed to transfer such property for consideration. The very execution of the sale deed on the same day as the deposit of the requisite amount under Section 134 is significant enough to establish that the sale deed was the result of an erroneous representation by Matbar Mal. It is also clear that the present plaintiffs who are the sons of the vendor, Matbar Mal cannot possibly claim to be transferees in good faith which indeed they do not claim to be. Section 43 clearly applies to the situation.
Continue reading “Transfer of title of land by ostensible owner:”
Scope of powers of Executing Court:
The respondents instituted a suit under Section 6 of the Specific Relief Act against the appellant, alleging that the appellant had forcibly taken possession of the land. In response it was the case of the appellant that he was neither in possession of the land nor had he dispossessed the respondents. The suit was decreed by the trial court ex-parte on 30 May 2009, upon which execution was initiated by the respondents as decree-holders.
Bar u/s 185 of Land Reforms Act:
The appellant appears to have filed objections to the execution of the decree on 12 July 2010 on the ground that Section 185 of the Delhi Land Reforms Act bars a civil suit for the recovery of possession. The objections were dismissed by the executing Court on 21 August 2010 with the following observations:
“The Delhi Land Reforms Act is applicable with regard to the agricultural land only but the land in question is not agriculture land which has been vehemently argued by the counsel for the DH and in support of her contention placed on record the copies of the electricity bills pertaining to the same khasra number which is subject matter of the instant execution proceedings. Even otherwise, it is a matter of common knowledge that most of the rural land in Delhi has become urbanized and private colonies, may be unauthorized, have mushroomed on such agricultural land. This fact has since been substantiated with the help of electricity bills which takes out the sting from the contentions raised by the counsel for the objector and in the process strengthens the case of the DH, the arguments is thus, brushed aside that the court lack of inherent jurisdiction on account of the fact that land in question is governed by the Delhi Land Reforms Act being agriculture land.” The order of the executing court was challenged by the appellant under Article 227 of the Constitution. The High Court dismissed the petition by its judgment dated 19 September 2014. The High Court rejected the submission that the decree obtained under Section 6 of the Specific Relief Act was a nullity on the ground that the suit was barred by Section 185 of the Delhi Land Reforms Act, 1954.”
The High Court has relied upon the earlier decisions of the court following Ram Lubbaya Kapoor v J R Chawla (1986 RLR 432), in which it has been held that to be ‘land’ for the purpose of the Delhi Land Reforms Act,1954, the land must be held or occupied for purposes connected with agriculture, horticulture or animal husbandry and if it is not used for such purposes, it ceases to be land for the purposes of the Act. The same view has been taken by the Delhi High Court in Narain Singh and Anr v Financial Commissioner ((2008) 105 DRJ 122), Neelima Gupta and Ors v Yogesh Saroha (156 (2009) DLT 129), and Anand J Datwani v Ms Geeti Bhagat Datwani (2013 (137) DRJ 146).
Scope of power of executing court: (See section 47 of CPC)
The validity of a decree can be challenged before an executing court only on the ground of an inherent lack of jurisdiction which renders the decree a nullity. In Hira Lal Patni v Sri Kali Nath ((1962) 2 SCR 747), Court held thus: Continue reading “Objections to the execution of decree for possession”
Bar on unregistered document under Registration Act, 1908
Section 49 of Registration Act, 1908:
Effect of non-registration of documents required to be registered.—No document required by section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall—
(a) affect any immovable property comprised therein, or
(b) confer any power to adopt, or
(c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered: 54 Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) 55, 56 or as evidence of any collateral transaction not required to be effected by registered instrument.
Continue reading “Unregistered lease of agricultural land”
Hindi Urdu words used by Revenue/Land Records Department in India
राजस्व भाषा की जानकारी –
1 आबादी देह→ गॉंव का बसा हुआ क्षेत्र ।
2 मौजा→ ग्राम
3 हदबस्त →त्हसील में गॉंव का सिलसिलावार नम्बर ।
4 मौजा बेचिराग →बिना आबादी का गॉंव ।
5 मिसल हकीयत→ बन्दोबस्त के समय विस्तारपूर्वक तैयार की गई जमाबन्दी ।
6 जमाबन्दी→ भूमि की मलकियत व बोने के अधिकारों की पुस्तक ।
7 इन्तकाल →मलकियत की तबदीली का आदेश ।
8 खसरा गिरदावरी→ खातेवार मलकियत,बोने व लगान का रजिस्टर ।
9 लाल किताब →गॉंव की भूमि से सम्बन्धित पूर्ण जानकारी देने वाली पुस्तक ।
11 शजरा नसब→ भूमिदारों की वंशावली ।
12 पैमाईश →भूमि का नापना ।
13 गज →भूमि नापने का पैमाना ।
14 अडडा →जरीब की पडताल करने के लिए भूमि पर बनाया गया माप ।
15 जरीब →भूमि नापने की 10 कर्म लम्बी लोहे की जंजीर ।
16 गठठा →57.157 ईंच जरीब का दसवां भाग ।
17 क्रम →66 ईंच लम्बा जरीब का दसवां भाग ।
18 क््रास →लम्ब डालने के लिए लकडी का यन्त्र ।
19 झण्डी →लाईन की सीधाई के लिए 12 फुट का बांस ।
20 फरेरा→ दूर से झण्डी देखने के लिए बांस पर बंधा तिकोना रंग बिरंगा कपडा ।
21 सूए →पैमाईश के लिए एक फुट सरिया ।
22 पैमाना पीतल →म्सावी बनाने के लिए पीतल का बना हुआ ईंच ।
23 म्ुसावी→ मोटे कागज पर खेतों की सीमायें दर्शाने वाला नक्शा ।
24 शजरा→ खेतों की सीमायें दिखाने वाला नक्शा ।
Continue reading “Urdu words used in revenue records”
Effect of Delay in Land Acquisition Proceedings:
Delay of over two years in publication of declaration:
Under Land Acquisition Act, 1894, notification of declaration must be published within 2 years from date of notification u/s. 4 of the said Act of 1894:
In this case,
(1) Declaration under Section 6 is published in the Gazette on 22/5/2008;
(2) Declaration under Section 6 is published in two local news papers on 10/6/2008 and 13/6/2008. There is no publication in village Chawadi as per the record and
(3) The award is passed on 12/10/2010. Continue reading “Lapse of land acquisition due to delay.”
Revenue records of agricultural lands were first formalized during the Mughal rule under the King Akbar. His revenue minister Raja Man Singh is said to have created the system of accounting of agricultural land in India and till date the same system of book keeping of agricultural records is maintained. While the most records have switched to writing in Hindi but the record keepers still use Urdu words to describe various facts. These are the frequent words and phrases used in the Revenue records:
1 आबादी देह→ गॉंव का बसा हुआ क्षेत्र ।
2 मौजा→ ग्राम Continue reading “Urdu terms used in land revenue records in India”
Revenue terms: Girasdars Barkhalidars Gharkhed
Short history of Land Revenue collection in State of Sourashtra (now part of Gujarat).
The erstwhile Saurashtra State consisted of 220 princely states rules by sovereign Rulers in their own rights. The lands in these appeals form present parts of Surendra Nagar and Bhavnagar districts. In the State of Saurashtra, the Rulers entered into agreements with Taluqadar and estate holders and also created a class of interested people known as “Barkhalidars or Girasdars. Various parcels of lands together with all rights in or interest over those lands were granted for cultivation on payment of revenue etc. with a right of succession in favour of their cadets or relations or favourites known as “Girasdars” or “Barkhalidars”. “Gharkhed”, known in South India estate tenures as “Homefarm lands”, means land reserved by land holder for personal cultivation.
Meaning of revenue term: Bid Land:
“Bid Land” means such lands as has been used by the land holders for grazing his cattle or for cutting grass for the cattle. “Land holder” means Zamindar, Jagirdar, Girasdar, Taluqadar etc. or any person who is a holder of land or who is interested in land and whom the Government has declared, on account of the extent and value of the land or his interests therein, to be a landholder.
Meaning of revenue term: Kali:
The system in vogue was that the lands that were under control of the rulers through the agriculturists, the latter had to bring their produce to a common place “khali” meaning thereby threshing floor. The ruler or his agent used to take stock of the total produce harvested and set apart towards the ruler’s share according to the custom or the contract and the remainder belong to the agriculturists. In the other system the land was granted to the “Girasdars” or “barkhalidars”, and the requirement of bringing the harvest by the agriculturists to the threshing floor was dispensed with.
Source: Jilubhai Nanbhai Khachar vs. State Of Gujarat, AIR 1995 SC 142, JT 1994 (4) SC 473, 1994 (3) SCALE 389.