Punjab Security of Land Tenures Act, 1953, Section 9 -- Repudiation of tenancy or disclaimer of landlord's ownership - Tenancy not forfeited - Tenant does not become trespasser over land - Mere repudiation by tenant does net determine a tenancy and render his possession adverse - Disclaimer of landlord's title does not entail penalty of forfeiture to enable landlord to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue entries show plaintiff in possession of suit land not only in up-to-date Khasra Girdawaris b at also in latest Jamabandi - Prima facie plaintiff in possession of land - Ejectment order by Assistant Collector - Plaintiff not a party to that order - No reliance can be placed on ejectment order at this stage -..........
Limitation Act, 1963, Article 58 -- Suit for declaration of ownership and adverse entries in revenue record not factually correct which deserve to be rectified on the ground that defendants threatening to dispossess in view of mutation - Right to sue - Accrued when defendant actually threatened to take forcible possession - Not when mutation sanctioned in favour of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- land entered in revenue records as owned by Gram Panchayat - Notification issued by Government of India under Section 5(2) Wakf Act read with Rule 4 of Punjab Wakf Rules, declared land as wakf property - Fact that land is wakf property final and conclusive by virtue of Section 6 Wakf Act - Presumption of..........
Punjab Pre-emption Act, 1913, Section 4, 15 -- Pre-emption suit on ground of co-owner in Khewat of land in dispute - During pendency of suit vendees obtained order of partition of joint Khewat from Revenue Officer - Pre emptors moved application for stay of proceedings in preemption suit on the ground that appeal filed against order of Revenue Officer ordering partition of..........
East Punjab (Evacuee) Administration of Property Act, 1947, Section 4 -- Land shown as Ghair Mumkin Quabristan in possession of Ahle Islam in revenue records - Vested in Custodian automatically in view of Section 4 and continues to be so vested as no notification directing land not to vest in Custodian - Declaration that property was evacuee - Not necessary - Section 7..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Himachal Pradesh Land Revenue Act, 1954, Section 35, 36, 37, 38 -- Mutation - Question of title raised by any party and dispute serious - Appropriate course - To refer case to Civil Court - Revenue Authorities should not decide question of title themselves -Ill-advised to enter into question of title and adjudicate..........
Punjab Land Revenue Act, 1887, Section 150, Himachal Pradesh Land Revenue Act, 1954, Section 163 -- Prerequisite for applicability - Land should be Government land or land which has been reserved for site of a village or for common purposes of co-sharers - No dispute on question of title should be there before action can be initiated under the section - If dispute as to..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, 45, 35, 36, 37, 38, 46 - - Mutation proceedings - Do not relate to title - Findings of Revenue Authorities - Cannot effect title - Holding of Revenue Authorities merely for revenue purposes including levy of land revenue and other cesses - If any person feels aggrieved and apprehensive that cloud created on his title -..........
Himachal Pradesh Land Revenue Act, 1954, Section 171(2)(xxv), 163 - - Question of title seriously in dispute - Determination by Revenue Authorities under Section 163 - Jurisdiction of Civil Court not ousted by clause (xxv) of sub-section (2) of Section 171...........
