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Showing posts from May, 2022
Important Government Orders Regarding Urban Land Ceiling and Regularisation.
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Land was originally subjected to Urban Land Ceiling Proceedings and subsequently, it has been developed into housing colony in the name of 'Appollo Armstrong Nagar' - Innocent Purchasers of plots in the Layout are entitle to Regularisation.
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Petitioner's Mother has purchased the above land, which has been subsequently settled by his mother in favour of the petitioner - Petitioner is Entitled to Regularisation
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Purchase by Mother's Sister - Settlement to mother - Mother Settled to Son - Son Entitled to Regularisation
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The parents of the petitioner had purchased the house plots in questing in the year 2000 and they had subsequently settled the same in favour of their own son, the petitioner herein. If the parents of the petitioner had died intestate, the petitioner, who is the son of the deceased parents, is entitled to inherit the property can apply for regularization of land/plot
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Tahsildar can take a decision on its own and there is no need to send any proposal to the Collectorate for regularization under the Innocent Purchasers Scheme.
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There are no records to show that the Land Commissioner invoked the provisions under Section 11(6) of the Act. Therefore, the land commissioner made only desk work and no physical possession has been taken over till today. In view of the sole ground, the entire proceedings are vitiated and it is liable to be set aside
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Property sold in 1992 - Acquisition notice issued on 1993 to erstwhile owner - On the date of issuance of the notice under Section 11(5) of the Act, the said Ramalinga Naicker was not the owner of the property and the petitioners have purchased the said property on the date of notice issued under Section 11(5) of the Act - entire work done by the second respondent was only by “desk work” and no physical possession has been taken yet. Therefore, the entire acquisition had lapsed as per the Repeal Act.
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Government had only taken a symbolic possession and in reality, when the actual possession of the land in issue is in the hands of the petitioner, the petitioner is entitled to avail the benefits under Section 4 of the Act, Repeal Act, 1999.
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where physical possession of such land continues to be with the owner, the statutory vesting under Section 11 (3) of the Act is of no relevance at all
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Unless physical possession of the property declared as surplus under the old act, was taken over by the State, the proceedings taken under the old act would lapse
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If the possession of the impugned land of the petitioner had not been taken over by the Government, the Principal Act cannot be given effect to
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Purchase by Father without knowing the ceiling - Settlement to Son - Son entitle to apply for regularaize under innocent purchaser.
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regularize the purchase of the petitioner's land under the “innocent buyers category”, in view of G.O.Ms.No.565, Revenue Department, dated 26.09.2008 and subsequent Government Order in G.O.Ms.No.63, Revenue Department, dated 27.01.2020,
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Madras High court judgement containing government orders regarding regularisation of land under Tamilnadu urban land ceiling Act by Innocent Purchaser.
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The Ceiling limit for an individual, a family and an industrial undertaking in each urban agglomeration under the Tamil Nadu Urban Land (Ceiling and Regulation )Act 1978 is given below:-
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Madras High court judgement containing government orders regarding regularisation of land under Tamilnadu urban land ceiling Act by Innocent Purchaser from innocent Purchaser.
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Madras High court judgement containing government orders regarding regularisation of land under Tamilnadu urban land ceiling Act by Innocent Purchaser.
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Madras High court judgement containing government orders regarding regularisation of land under Tamilnadu urban land ceiling Act.
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RTI - Authorities and Appellate authorities under urban land ceiling Act
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If partnership deed is unregistered- One of the partner cannot file suit against the firm or against the other partner.
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Tamil Nadu land reforms act prohibits religious institution/ religious trust of public nature from acquiring land after date of commencement of act.
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possession of land not taken over prior to repeal - such possession cannot be taken over thereafter.
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suit land notified as ceiling surplus Land by government - sold subsequently by original owner by erroneous representation to plaintiff - land letter notified as ceiling free - plaintiff is entered to declaration and permanent injunction.
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Jurisdiction of Civil Court on matters arraying out of ceiling proceeding implicitly barred by Act.
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Any proceedings relating to principle act immediately before commencement of repeailing act still abate if position is not taken over.
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Any proceedings relating to principle act immediately before commencement of repeailing act still abate if position is not taken over.
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Any proceedings relating to principle act immediately before commencement of repeailing act still abate if position is not taken over.
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The Real Estate Appellate Authority cannot possibly be recognized as conferred with the power to initiate proceedings suo moto or on its own motion.
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permanent lok Adalat has adjudicatory functions and is empowered to decide the disput between the parties on merits - conciliation proceedings under section 22 C of the LSA act are mandatory in nature.
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Religions endowment- Dedication- Evidence of- Deed not necessary - Complete or partial dedication - Effect of -Question of intention of parties - Use of word 'trust' or 'trustee'. Deed-Construction
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Time for payment of sale consideration may be extended even in a consent decree - Section 28 not only permits the judgment debtors to seek rescission of the contract but also permits extension of time by the court to pay the amount.
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The beneficiaries of a trust or charity are limited to a finite group of identifiable individuals it is private trust - The beneficiaries are either the public at large or an fluctuating body of persons incapable of being specifically identifiable the trust or charity is of your public character.
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The beneficiaries of a trust or charity are limited to a finite group of identifiable individuals it is private trust - The beneficiaries are either the public at large or an fluctuating body of persons incapable of being specifically identifiable the trust or charity is of your public character.
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If a party to a suit does not appear in the witness box to state their own case and does not offer themselves to be cross-examined by the other side, a presumption would arise that the case set up is not correct - decree for obtaining specific performance of a decree cannot be obtained behind the back of a bona fide purchaser especially when the transaction has taken place prior to the institution of the suit for specific performance.
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Hindu widow's limited interest gets automatically enlarged into absolute right, when such property is possessed by her in lieu of inheritance/gift/partition or maintenance whether acquired before or after commencement of 1956 Act by her own skill or exertion or by purchase it was held by her as stridhana as stridhana immediately after commencement of Act - would become full owner
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There is no bar under the Limitation Act on a plaintiff taking the plea of adverse possession in a suit for declaration of title and for the recovery of possession
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Agreement to sell entered into between plaintiff and secretary of trust - sale agreement entered into by secretary not valid - all trust members have equal power - suit for performance not maintenable - return of advance amount ordered.
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Family Court has jurisdiction to adjudicate upon any question relating to the properties of divorced parties
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Section. 1 of the Trusts Act makes provisions of the Act inapplicable to public or private religious or charitable endowments; and so, these sections may not in terms apply to the trust of that kind - HR and CE Commissioner only have Authority.
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Public charitable Trust can be punished for offence committed under section 138 - but only with fine or by imposing compensation - Trust having two or more Individuals is "an association of individuals" - Such trust would be a company for the purpose of section 138
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provisions of rent Control Act will not apply to trust property as per GO.Ms.No.2000 of 1976 - suit for eviction is maintainable
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provisions of rent Control Act will not apply to trust property - suit for eviction is maintainable
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Provisions of Indian trust act are applicable only to private trusts
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Section. 1 of the Trusts Act makes provisions of the Act inapplicable to public or private religious or charitable endowments; and so, these sections may not in terms apply to the trust of that kind.
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Representative suit - Binds all personsinterested in trust - Persons interested in trust have locus standi to raise objection - Their names need not be in title of suit as parties - Property belonging to public trust - Sale by private negotiations - Should not be permitted - Direction given in instant case to sell property by public auction.
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property belonging to religious and charitable trust sold without publicity through private negotiations - as per Supreme Court guideline, such property sale only by public auction - sale set aside.
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property belonging to religious and charitable trust sold without publicity through private negotiations - as per Supreme Court guideline, such property sale only by public auction - sale set aside.
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The Permanent Lok Adalats have adjudicatory functions under the Legal Services Act,1987 and thus empowered to decide a dispute before it on merits.
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While granting leave,court need not send notice to other parties - Grant of leave is an Administrative order - notice to other side not mandatory before numbering suit.
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While granting leave,court need not send notice to other parties - Grant of leave is an Administrative order - notice to other side not mandatory before numbering suit.
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suit under section 92 can be filed only before subordinate court having jurisdiction over subject matter - suite filed before district munsif Court has to be rejected.
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Tribunal could not have invoked the jurisdiction of the Maintenance Tribunal under the Act, as respondent 2 was less than 58 years not a senior citizen on the relevant date.
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Plea seeking appoint a legal guardian for mentally retarded person maintainable under section 17 of letters pattent
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Female member of family having stridhana land in own name is also a member of the family - such female member is entitled to hold an additional 10 standard acres of Stridhana land.
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subsequent purchaser cannot step into landlords shoes and continue such eviction proceedings
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Necessary parties could be added even at appalate stage.
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Necessary parties could be added even at appalate stage.
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Pendency of Proceedings before DRT, SARFAESI or other FORA, not a bar for initiating CIRP.
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A party claiming Right over the Schedule property cannot take two contrary stands before two different Authorities/Courts
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The commissioners' reports are 'non-adjudicatory in nature', and the courts adjudicate upon the rights of the parties - It is only an opinion or noting
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The "execution" of a document does not stand admitted merely because a person admits to having signed the document - In a situation where an individual admits their signature on a document but denies its execution, the Sub-Registrar is bound to refuse registration
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