Punjab Land Records Manual, Para 9 9 -- Khasra Girdawari entries, correction of - Both the parties should be heard before passing any order - Order of SDO(C) directing Revenue Officer to correct entries of Khasra Girdawari without affording any opportunity to other party - Illegal - Rightly set aside and case remanded to hear both the parties - Punjab Land Revenue Act,..........
Natural Justice -- Dismissal of appeal in default as also dismissal of application for restoration of appeal - Case remanded in appeal that spot be inspected and value of each Kurrah be evaluated and reported - Report sent without giving the parties any date for appearing - No information to party about proceedings - Order set aside for lack of application of mind and..........
Practice and Procedure -- Hasty and mindless action should be avoided where valuable rights of parties are involved - Casual and cavalier attitude has no place in Revenue Courts - Officials should apply their mind in right earnest and should only be swayed by logic, reasoning and facts of the case - Punjab Land Revenue Act, Sections 111 to 121...........
Punjab Land Revenue Act, Section 16, 13 -- Order remanding case - Does not affect any party - Does not mean that cases should be remanded unnecessarily which leads to prolongation of litigation...........
Punjab Land Revenue Act, Section 16, 117 -- Revision in partition case - Only one objection raised before Assistant Collector that Naksha `Be' not prepared as per condition of mode of partition - Order of Assistant Collector self - speaking which order upheld in appeal by Collector and in revision by Commissioner - No serious injury occurred to petitioner - Interference in..........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Appeal in lambardari case summarily disposed of - Order quite sketchy - Merits and demerits of candidates not properly examined - Appellate order set aside in revision...........
Khasra Girdwari entries -- Tenant applied for correction of Khasra Girdawari - Girdawari case decided in favour of tenant on the basis of spot inspection alone - Civil Court held landowner to be in possession of land and tenant restrained from interfering in possession of landowner - After consistent decisions of Revenue Courts which resulted in ejectment of tenant from..........
Punjab Land Revenue Act, Section 16, 111, 112, 113, 114, 115, 116, 117, 118 -- Revision against order approving Naksha `Khe' in partition case - Plea that Bhund Barani land not given according to share of parties - Not tenable as irrigated land equally distributed amongst the parties - Order of Assistant Collector well reasoned and all points raised taken into account,..........
Punjab Land Revenue Act, Section 16, 121 -- Interference in revision after partition proceedings completed and Sanad Takseem prepared - Any error committed by subordinate authority - Can be corrected in exercise of revisional jurisdiction - Financial Commissioner has inherent powers to correct orders of lower Courts - Can take cognizance of case decided by subordinate..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation based on Civil Court decree - Contested mutation - Civil Court decree against Gram Panchayat - Villagers contest the mutation - Revenue Officer while giving effect to Civil Court decree has also to go into total circumstances of the case particularly when interest of Gram Panchayat not watched before Civil Court...........