Punjab Land Records Manual -- Para 9.9 - Locus Standi of applicant to challenge correctness of entries in Khasra Girdawaris - Application in November 1974 for correction of Khasra Girdawari entries since September 1969 and applicant be shown in cultivating possession of land - Objections by respondent : (i) applicant not in possession of land subsequent to September 1969..........
Punjab Land Revenue Act, 1887, Section 45 -- Suit for correction of Khasra Girdawari entries - Not competent - Only application for correction of entries lies under Para 9.9 of Punjab Land Records Manual...........
Punjab Land Revenue Act, 1887, Section 16 -- Financial Commissioner set aside order of Commissioner on the ground that for correction of Khasra Girdawari entries no suit competent and only application lies under Para 9.9 of Punjab Land Records Manual - No doubt technically Financial Commissioner correct but not justified in setting aside order of Commissioner - Financial..........
Punjab Land Records Manual -- Para 9.9 - Correction of Khasra Girdawari entry - Land in dispute proceeded against under Section 145 Criminal Procedure Code and matter still under adjudication in those proceedings - Correction of entry in Khasra Girdawari after spot inspection by Revenue Officials - Not correct - Factum of possession is to be decided by Executive..........
Punjab Tenancy Act, 1887, Section 4(5) -- Tenancy - Conies into existence only when a bilateral agreement between the parties - To prove a tenant - One of the material circumstances - Liability to pay rent - Only when conclusion reached that person liable to pay rent, can it be held that person claiming to be tenant, is a tenant under landowner - Amount of rent not..........
Khasra Girdwari -- Entries in Khasra Girdawari- Can be relied upon unless evidence to the contrary - Evidence Act, Section 35...........
Punjab Land Records Manual -- Para 9.9 - Correction of Khasra Girdawari entry - Civil Court finding regarding possession - Binding on Revenue Officers - Revenue Officers cannot sit over findings of Civil Court between the parties - Cannot rectify entry in Khasra Girdawari by holding possession to be of another person contrary to findings of Civil Court...........
Khasra Girdwari -- Correction of entries - Khasra Girdawari entries incorporated in Jamabandi - No jurisdiction with Assistant Collector to correct - Punjab Land Records Manual, Para 9.9...........
Punjab Land Records Manual -- Para 9.9 - Correction of Khasra Girdawari entries - Person not a party to the proceedings - Not bound by order of Assistant Collector correcting Khasra Girdawari entries...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(v) -- Ejectment for not cultivating land properly - Allegation by landowner that tenant destroyed garden over the land - Garden shown in Jamabandi of 1967-68 but in Khasra Girdawari of 1972-73 no garden shown - Trees can in fact fall and if certain trees die - Cannot be inferred that tenant destroyed the trees...........