Punjab Land Revenue Act, 1887, Section 121, 123 -- Private partition - Evidence on record shows that partition of shamlat land effected long back among co-sharers and every co-sharer put into possession of his respective share - Factum of partition and possession of respective co-sharer authenticated by revenue officials while recording entries in their record - Held,..........
Punjab Land Revenue Act, 1887, Section 45 -- Khasra Girdawari - Correction of entries - Petitioner claiming to in possession as mortgagee and seeking correction of khasra girdawari entries which are made in the name of some other person - Petition dismissed by Financial Commissioner - Question as to who is in possession is a disputed question of fact which requires leading..........
Revenue entries -- Reflect the rights of the parties as opposed to conferring rights and raise rebuttable presumptions as to their correctness - They reflect an existing state of affairs, namely, an existing tile or a state of possession - Entries in revenue records neither confer nor deprive a person of his title, whether joint or separate...........
Revenue record -- Entries - Not decisive as to status of the parties - However, a presumption in regard to possession can be raised on the basis thereof. (Evidence Act, 1872, S.114)...........
Adverse possession -- Plea of adverse possession based entirely on enteries in revenue record - Revenue enteries change abruptly without any basis - No evidence led to show that plaintiff entered into possession of suit land and such possession was open, hostile and continuous to the knowledge of true owner - Revenue entries by itself not proof of adverse possession - Plea..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Punjab Land Record Manual -- Change of khasra girdawari - Pendency of Civil Suit - Effect - Agreement to sell - Suit for specific performance - Prayer for permanent injunction restraining defendant from interfering in peaceful possession and from alienating etc. - Status quo ordered - Application for correction of..........
Punjab Land Revenue Act, 1887, Section 44 -- Presumption of truth attached to entries in jamabandies - Stray entry - Plaintiff shown to be in possession of land as Dholidar in jamabandi for the year 1964-65. Entries repeated in subsequent jamabandies - Stray entry in jamabandi for the year 1984-85 in favour of defendant -Entries changed without authority - No material to..........
Punjab Land Revenue Act, 1887, Section 44 -- Possession ` Evidentary value of stray entry in revenue record - Plaintiff recorded to be in possession of land in jamabandis from 1964-65 to 1974-75 - Stray entry in favour of defendant for the year 1984-85 and in subsequent khasra girdawaries - No material/authority to substantiate change in the entries - No benefit can be..........
Trust -- Public or private - Relevant factors to be considered (i) Beneficiaries are ascertained individuals or public (ii) Grant/endowment in favour of individual or diety (iii) Temple is situated within campus of the residence of the donor or public visit the Temple as a right (iv) Revenue entries of land showing possession of an individual or diety (v) Management made..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Entires in Jamabandi vis-a-vis Khasra Girdwari - Reliability - In jamabandi for the year 1971-72 onwards plaintiff recorded to be in possession - Entries in khasra girdwari for the period kharif 1995 to rabi 2000 reflects possession of defendants - Jamabandi entries cannot be rebutted on the basis of entries in..........
