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Vallabh Darshan Hotel Private Limited ... vs State Of Rajasthan And Ors. on 29 May, 2007 cites

Gheesu Dass vs Narsingh Kansara And Ors. on 31 March, 1999

41. The learned Counsel for the appellant though relied upon several judgments but most of the judgments are in relation to the Wakf Act and alleged wakf property. Though principle mentioned in those cases can be applied to find out the jurisdiction of the authority under the Act of 1959 and about the maintainability of the suit but in view of the judgment referred above, this Court is of the view that other judgments need not to be referred in detail.
Rajasthan High Court - Jaipur Cites 17 - Cited by 2 - Full Document

Abdul Karim Khan And Ors vs Municipal Committee, Raipur on 8 March, 1965

The decision of the Hon'ble Supreme Court delivered in the case of Abdul Karim Khan v. Municipal Committee, Raipur was followed by the Single Bench in the case of Geesu Das(supra). The question arises in present case is whether a person who is admittedly in possession of the suit property and has a registered deed of title in his favour and who was never given any opportunity of hearing before making entry in the register of the properties of the trust, despite having knowledge of these facts to the Assistant Commissioner, Devasthan Department and to the knowledge of the alleged persons who sought the inclusion of the property in the register of the trust and who, neither challenged the title deed nor threatened the said vendor's possession even after making of entry in the register of trust under Sub-section (2) of Section 16 of the Act of 1959 then in that situation the person in possession with title deed was required to file a suit for mere cancellation of entry made in the register under Sub-section (2) of the Act of 1959.The principle of law is that a cause of action accrues to the party when his any right, title or interest in the movable property is threatened by any other person or body. Mere making entries in the revenue record or even record of rights or entries in any register, without determination of the title of property, the rights in the property, the possession of the property, cannot be a threat to any right, title and interest of the person who is holding a deed of title in his favour and is in possession of the property. The cause of action to that person accrues only when any threat is created by the person holding entry in the record of right or any register and that threat can be created on spot by making efforts to take possession or by adopting lawful means by filing suit for cancellation of deed and for possession of the property and in that situation, in defence, the defendants can certainly take a plea that the entries in record of right or in the register, (as in present case), are absolutely illegal and void.
Supreme Court of India Cites 24 - Cited by 16 - P B Gajendragadkar - Full Document
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