Punjab Land Revenue Act, 1887, Section 16 -- Revision in lambardari Case - Choice of Collector upheld by Commissioner - Collector passed a very cryptic order without discussing relevant factors that Rules enjoin upon Collector to consider before making his choice - Order of Collector appointing Lambardar - Should look and read as a judicious, just and fair order -..........
Punjab Land Revenue Act, 1887, Section 45, 44 -- Suit by co-sharer for declaration of ownership to the extent of his share and entitlement to seek partition from Revenue Court - Jamabandi entries : (i) in column No. 4 of ownership, plaintiff recorded as owner of 1/4th share and N recorded as owner of 1/4th share ; (ii) in column No. 5 of person in occupation, entire land..........
Revenue Record -- Jamabandi, evaluation of entries - To find out ownership of agricultural land - Column No. 4 of Jamabandi to be referred to - Punjab Land Revenue Act, Section 31...........
Punjab Land Revenue Act, 1887, Section 44 -- Presumption of correctness attached to Jamabandi - No rebuttal - Entries in Jamabandi to be taken as true...........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Ejectment application for failure to pay rent - Tenants appeared as their own witnesses and made statements on oath that they had paid batai (rent) to land-lady - Land-lady did not appear in witness-box and controvert the assertion and only general attorney of land-lady stepped into witness-box - Plea that a..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit claiming decree for correction of entries in Jamabandis - Relief as claimed though could not be granted by Civil Court but declaratory decree of rights of plaintiff could certainly be passed if plaintiff succeeded in substantiating the pleas - Proper relief even if not..........
Punjab Land Reforms Act, 1972, Section 5(1), 4 -- Land declared surplus in I960 under Pepsu Tenancy and Agricultural Lands Act - Plea of State that possession of surplus area taken in 1981 disputed with the assertion that possession may have been shown as taken in revenue papers but surplus area still under cultivating possession of landowner - Possession of surplus area..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation proceedings - Locus standi to object sanctioning of mutation - Revenue Authorities to determine entry which should be correctly made - Even objection by a stranger to be considered...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale-deed - Vendor if sells land in excess of his share - Mutation to be sanctioned only in respect of land under ownership of vendor - Land sold 20 Kanals 12 Marlas by registered sale-deed which included 7 Kanals 6 Marlas in undisputed ownership of vendor and 13 Kanals 6 Marlas..........
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..........
