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..........
Limitation Act, 1963, Article 58 -- Suit in 1971 on the basis of Will for declaration to be owner and permanent injunction against defendant not lo interfere in possession - Mutation of inheritance sanctioned in favour of defendant in 1960 and possession recorded for the first time in jamabandi 1965-66 - Possession of defendant, even if taken from back date of sanctioning..........
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 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 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 -..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 26 -- Mutation regarding tenancy - Cannot be entered by Consolidation Authorities - Consolidation Officer (after completion of Scheme) only empowered to transfer rights of a tenant under existing lease to new holding - Person not entered as a tenant in revenue record prior to..........
Punjab Land Records Manual -- Rule 7.19 clause (3) - Duty cast upon Revenue Authorities to record mutation of sale in accordance with terms of sale deed - If for any reason, mutation not so recorded - Vendee who purchased land alongwith share in shamilat cannot be deprived of that right - Specifically stated in sale deed that land purchased alongwith share in shamilat -..........
Punjab Land Revenue Act, 1887, Section 44 -- Mutation, presumption of truth - Identity of person disputed -who is stated to have appeared before Revenue Officer - No presumption as to identity of such person - No corresponding entries made in revenue record - Presumption attached to official act stands rebutted - Evidence Act, Section 35...........
Punjab Land Revenue Act, 1887, Section 16 -- Revision in mutation - Production of additional evidence at revisional level - Decision of Civil Court after decision given by Commissioner - Cannot be ignored...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation proceedings - Order of Civil Court - Affected parties can always produce - Revenue Officers to act on findings of Civil Courts wherever available...........
