Punjab Land Revenue Act, 1887, Section 28, Punjab Land Revenue (Lambardari) Rules, 1908, Rule 15, 16 -- Appointment of Lambardar - There is no force and merit in submissions, as drive for empowering women is in full swing - People would have more confidence in case office of lambardar is represented by woman - It has been case where illiterate persons are more intelligent..........
Punjab Occupancy Tenants (Vesting of Population Rights) Act, 1953, Section 5 -- Plaintiff were not recorded as occupancy tenants in revenue record at commencement of Act - Plaintiff had not acquired occupancy rights by way of agreement - Plaintiff are alleging that they had acquired status of occupancy tenants u/S.5(2) of Act on ground that they are in possession of land..........
Punjab Occupancy Tenants (Vesting of Population Rights) Act, 1953, Section 5 -- Two conditions are required to declare as occupancy tenants are: (i) Tenant should have been in possession for continuous 30 years in land in dispute; (ii) Tenant should not have paid rent for land beyond amount of land revenue thereof and rates and cess for time being charageable thereon...........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of lambardar - It is prerogative of collector to appoint lambardar by comparing merits of candidates - No interference with choice made by collector should be made even if two views possible - Order of collector can only be set aside in case of illegality or perversity -..........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Application for partition of land dismissed in default - Application for restoration of application for partition made - Notices required to be given to all respondents in the application for partition - Restoration of application done on statement of one of respondents whereas all respondents should have been..........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Service is required to be affected on all respondents - Opportunity to file reply should be given - Once court concludes partition proceedings should continue then naksha alf (K) is called in from Assistant collector depicting shares of parties, actual possession, excess or less land is indicated - Statements of..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 16 - - Appointment of lambardar - In ordinary course choice made by collector prevails unless found to be tainted with element of perversity - Collector can not adopt the rule of pick and choose - Discretion exercised by collector should be based on sound and valid reasons and on objective..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - High Court committed error by holding that tenant of agricultural holding becomes a trespasser after expiry period of tenancy - Moreover, procedure for eviction of tenant in occupation of building by approaching civil Court under Rent Control Act will not be applicable for evicting..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - Tenant of an agricultural land is liable to be evicted only in manner provided under the Act, notwithstanding any contract on the basis of which tenant occupied possession of land for the purpose of cultivation - Action for eviction of a tenant can be taken before a Revenue Authority..........
Punjab Land Revenue Act, 1887, Section 158 -- Exclusion of jurisdiction of Civil Courts - Petitioner wants to retain possession of parts of suit property which prior to partition proceedings were in his occupation and that of his vendors - Such effort is deprecated because allowing such endeavour to succeed would amount to undoing effect of S.158 of Punjab Land Revenue..........
