Punjab Land Revenue Act, 1887, Section 16, 34, 35, 36, 37, Himachal Pradesh Land Revenue Act, 1954, Section 17, 35, 36, 37, 38 -- Challenge to sanction of mutation of inheritance - Plea that petitioner neither served with any notice about mutation proceedings nor heard at any stage by Revenue Officer - Objection that petition time-barred and revenue entries since..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii), Haryana Ceiling on Lands Holdings Act, 1972, Section 12 -- Application for recovery of rent pertaining to crops from Kharif 1977 to Rabi 1980 - Land declared surplus (vested in State and mutation sanctioned) allotted to tenant (who deposited first instalment of sale price) and mutation sanctioned in his favour -..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation sanctioned in favour of State regarding land declared surplus and entry regarding symbolical possession made in roznamcha - Absence of any order declaring area to be surplus - No mutation could be sanctioned - Advisable for State Government to take action against Officers who illegally sanctioned mutation...........
Punjab Security of Land Tenures Act, 1953, Section 25, Punjab Land Reforms Act, 1972, Section 21, Order declarin - - Plea that Civil Court has no jurisdiction to try the matter as land declared surplus and mutation to that effect sanctioned - Not tenable...........
Mutation entries -- Do not confer title to the land - Title is derived from the sale deed properly stamped and registered...........
U P Imposition of Ceiling on Land Holdings Act, 1960, Section 5(6), 5(1) -- Expln.I - As amended by Act No.1 of 1972 w.e.f. 24.1.1971 - Land held `ostensibly in the name of any other person' - Burden of proof that the land held by that person in his own right lies on that person - Tenure-holder alienated land by registered sale deed in favour of his sons and..........
Adverse possession - - Removal of name of absentee co-sharer from revenue records at the instance of other co-sharers in possession of land - Does not amount to overt act amounting to ouster and commencement of adverse possession of other co sharers in possession - Correctness of rule of law laid down in Amar Singh's case A. I. R. 1937 Lahore 890 Doubted - Mere attestation..........
Transfer of Property Act, 1882, Section 43 -- Scope of - If any dispute or defect in title and title made good later after sale or transfer - Benefit will go to make sale or transfer as good to the extent vendor acquires title after transfer - Vendor by mutation of inheritance recorded owner of 1/6th share - Sale of entire share in land inherited - Court later found vendor..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of a negative decree i. e. finding recorded in a suit which failed - Not permissible -Before Revenue Authorities decide to attest mutation of the basis of Civil Court decree there must be a clear finding in favour of a person who claims the right...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Attestation of mutation of ownership in favour of mortgagee as mortgagor's suit for redemption dismissed by Civil Court - Not permissible - Finding in the suit that mortgagor lost his right to redeem mortgaged property - No finding or decree given in favour of mortgagee holding that he has become owner - Only after..........
