Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Land reserved for common purpose - Determination of title - No revenue document to show that private respondents were in cultivating possession of land in dispute which was declared in their ownership vide impugned order - Nothing on record that any pro-rata cut was imposed upon right holders and land in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Land reserved for common purpose - Determination of title - Held, quasi judicial authorities when deciding question of title are supposed to exercise jurisdiction akin in civil Court - After looking into pleadings of parties issues need to be framed and thereafter looking into evidence on record finding has..........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 4 -- Jurisdiction - Suit for declaration - Jurisdiction of civil court is barred for land acquisition proceeding - However, in instant case, no notice of land acquisition was given to respondent No.2, therefore he is entitled to proceed with civil suit and since it was the matter of declaration of..........
Court Fees Act, 1870, Section 7(v), Constitution of India, 1950, Article 227 -- Ad valorem court fee - Suit for joint possession of suit land alleging it to be coparcenary property of parties - Plaintiffs also challenged two transfer deeds executed by defendant No.1 in favour of defendants Nos.2 and 3 regarding suit land - Plaintiffs are not party to transfer deeds which..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 7, 49(c) - - Allotment of Land - Cancellation of - Natural Justice - Petitioner's father was allotted land in question on basis of possession - Petitioner condemned unheard and orders of cancellation passed at his back leading to fresh auction of land in dispute in favour of respondent No.6 - Held, no transfer..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 7 -- Punjab Package Deal Properties (Disposal) Rules, 1976 - Allotment of Land - Cancellation of - Natural Justice - Held, once petitioner's valuable rights were being effected, cancellation in his favour could not have been done without following due procedure and without following principles of natural justice...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 6 -- Eviction - Case set up by petitioners was that they were not in unauthorized possession but had purchased property in dispute in auction - However, their auction was not confirmed - Contention that though amount deposited by them towards auction money has been returned but interest..........
Indian Penal Code, 1860, Section 302, 149 -- Murder and unlawful assembly - Proof - Accused persons armed with battle-axe, axe, spear and sticks and having formed unlawful assembly allegedly assaulted deceased and injured persons who intervened in assault - Political rivalry and land disputes between parties - Motive established - Evidence of injured witnesses clear and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - By way of amendment plaintiffs wanted to mention the land as 49 Kanals 4 Marlas instead of 24 Kanals out of which they are claiming to be in exclusive possession of 24 Kanals of land - Held, amendment is only for correction of typographical error i.e. figures - Otherwise also, it will not change the..........
Punjab Security of Land Tenures Act, 1953, Section 14A -- Ejectment - Computation of rent - Application for - Rejection of - Validity - No evidence had been led and matter was fixed for evidence - Held, it was duty of Assistant Collector to have considered application moved by petitioners, computed rent due and then given 15 day time to petitioners to pay same - Matter..........