Evidence Act, 1872, Section 114 -- Documentary evidence shows plai, tiff and earlier his father to be in possession of suit land - Nothing to show: (i) how and under what circumstances father of plaintiff surrendered possession to defendants, and (ii) on what basis entries made in favour of defendants in revenue record showing possession of defendants over suit land - For..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Himachal Pradesh Land Revenue Act, 1954, Section 35, 36, 37, 38 -- Mutation of Gift - Delivery of possession a precondition for sanctioning mutation of gift - Gift of land cannot be deemed complete unless and until possession delivered - Revenue Officer must satisfy himself that possession of land transferred in..........
Punjab Land Revenue Rules, 1908, Rule 19B -- Harijan lambardari - Matters to be considered : (1) services rendered to State, (2) personal influence, (3) character, (4) ability, and (5) freedom from indebtedness...........
Punjab Land Revenue Act, 1887, Section i3 -- Appeal in lambardari case - Collector's choice of lambardar - Cannot be upset on the ground that Collector had not recorded reasons for disagreeing with recommendations of lower Revenue Officers...........
Punjab Land Revenue Rules, 1908, Rule 19B -- Harijan lambardari - Hereditary claim - Not a valid consideration...........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Recommendations of lower Revenue Officers - Not necessary for Collector to accept or reject - Collector to make up his mind on the basis of record and arguments pleaded before him - No requirement of law that Collector should accept advice of any of the lower Revenue Officers...........
Punjab Land Revenue Act, 1887, Section 13 -- Appeal in lambardari case - Collector while preferring M over R had gone by valid considerations - Commissioner in appeal upset order of Collector observing R more suitable than M - Not a valid reason for interfering with choice of Collector - Commissioner's order set aside...........
Punjab Security of Land Tenures Act, 1953, Section s, 9(1)(ii), 14A(i) -- Ejectment on ground of no, payment of rent without sufficient cause - Necessary for Revenue Officer to record a clear finding on sufficient cause - Revenue Officer must record : either (a) that tenant not raised any plea of sufficient cause, or (b) that plea of sufficient cause raised by tenant not..........
Punjab Land Revenue Act, 1887, Section 15, 34, 35, 36, 37 -- Review - Scope very limited - Confined to correcting error on face of record - Review of mutation given effect to in successive Jamabandis and no error on face of record - Not justified especially after lapse of much time...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, 45 -- Mutation sanctioned of exchange - If for any reason exchange invalid - Proper course for aggrieved party - To seek remedy in a Civil Court of competent jurisdiction...........
