Punjab Security of Land Tenures Act, 1953, Section 9, 9A, 10A, Punjab Security of Land Tenures Rules, 1956, Rule 15, 17 -- Utilization of surplus area - Allotment can be made even before order of ejectment is passed - Revenue Authorities have no jurisdiction to sit in judgment on order of ejectment during allotment of surplus area. The Revenue Authorities while allotting..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Agreement for sale of land between landlord and tenant - No sale deed executed in terms of agreement - After execution of agreement possession referable to terms of agreement and not to any earlier relationship between the parties - Landlord debarred from enforcing rights arising from earlier tenancy not..........
Punjab Co-operative Societies Act, 1961, Section 63 - - Ultra vires - Section 63 provides three separate modes of executio, No indication of circumstances in which Registrar may adopt one or the other mode of executio, Registrar can discriminate against a defaulter at his own sweet will - Section 6.3 (b) and (c) violative of Article 14 of Constitution. Three separate modes..........
Punjab Land Revenue Act, 1887, Section 44 -- Presumption of correctness attaching to revenue records - Attaches to later records in preference to earlier records unless later records are proved to be wrong. The presumption of correctness attaching to revenue records under Section 44 of the Punjab Land Revenue Act attaches to later records in preference to earlier records..........
Punjab Land Revenue Act, 1887, Section 115 -- Partitio, Wrong decision by Revenue Officer to allow or not to allow partition - Does not affect rights of parties in joint land for good - Party adversely affected by such order - Should seek remedy in Civil Court - Writ jurisdiction of High Court cannot be invoked in such matter - Partition proceedings before Revenue Officers..........
Punjab Pre-emption Act, 1913, Section 4, 2 - - Preemption suit on the ground of being co - sharer - Partition of land during pendency of pre - emption suit - Appeal against order of partition pending during pendency of pre - emption suit - Pre-emptor ceased to be co - sharer on the date of partitio, Not entitled to preempt being not a co - sharer on the date of decree...........
Punjab Land Revenue Act, 1887, Section 13 -- Appeal against appointment of Lambardar - Choice of Collector - Should not normally be interfered with. The Collector being the head of the district administration, is the proper authority in selecting a best candidate for appointment as Lambardar and his choice should not normally be interfered with...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutatio, Enquiry about relatives and heirs of deceased - Should be made through Lambardar and other respectables of the village - Mutation sanctioned at the back of necessary and interested parties - Results in miscarriage of justice - Not proper to leave parties to get their grievances redressed through Civil Court...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutatio, Proceedings summary in nature and character - Revenue Officer not to decide intricate question of law and fact - Legality and validity of adoption, competency of adoption or revocation by adoptive perso, Cannot be gone into in mutation proceedings - Civil Court is the proper forum for adjudication of such..........
East Punjab Utilisation of Lands Act, 1949, Section 7 -- Constitutionality of - Not ultra vires - Constitution of India, 1950, Article 14.Where it was contended that Section 7 of the East Punjab Utilization of Lands Act is violative of Article 14 of the Constitution because there would be two or more remedies available to the authorities to which they can resort, held,..........
