Rent and Eviction -- Eviction - Validity - Property does not have Khasra number - Difficulty in assessing actual identity of the property - Held, proper adjudication in summary proceeding under Rent Control Act is not possible - Best course shall be to consign landlord, whoever is owner to file suit for recovery of possession on basis of title, if so advised and Civil..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - First appeal - Amendment of written statement sought while filing first appeal - First appellate Court dismissed same by holding that Khasra No.2887 has been carved out from Khasra No.4184 only - Defendant could not prove that his Abadi exists on Khasra No.2887 - According to revenue record,..........
Khasra Girdwari -- Entries - No presumption of truth is attached to entries in khasra girdawari...........
Revenue record -- Entry in revenue record is a strong presumption of possession - Khasra is evidence of possession and khatauni of title - Even though presumption is rebuttable but revenue records raise a very strong initial presumption...........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Correction of khasra girdwari - Petitioner was neither owner nor co-sharer of land - Held, petitioner had no locus standi to file application for correction of khasra girdawari...........
Disposal of Surplus Rural Evacuee Agricultural Land Rules, 1962, Rule 11 -- Auction sale - Validity - Description of property as plot No.S.1 is recorded in Form S.XX - Absence of khasra numbers particularly when property is duly identified as plot No.S.1 - Held, it does not indicate such an error as empowered Settlement Commissioner to set aside auction while exercising..........
Civil Procedure Code, 1908, Section 151, 152, 153 -- Inherent powers of Court - Phrase `in any proceeding' u/s 153 - Held, it includes plaint, judgment and decree - Typographical error regarding Khasra number of suit property in plaint and in judgment and decree can be rectified by Court in exercise of its powers u/ss 151, 152, 153 CPC...........
Punjab Land Revenue Act, 1887, Section 16, Constitution of India, 1950, Article 226 -- Correction of Khasra Girdawari - Physical inspection - Held, physical inspection of suit land by concerned revenue officer, after due notice to parties concerned, is decisive factor in cases of correction of khasra girdawari...........
Co-owner -- Invasion on the right of co-sharer by other co-sharer - Co-owner is not entitled to injunction who sold a specific portion of the land by giving Khasra numbers, measurement of the boundaries and boundaries in the registered sale deed by asserting that there was no partition and that defendants have no right to cut the trees, which were planted on their share..........
Civil suit -- Correction of Khasra Girdawari during pendency of civil suit for title and possession - Held, a Revenue Authority has jurisdiction to conduct spot inspection with regard to change of entries in the khasra girdawari even if a suit involving a question of title and/or possession is pending - However, such an entry is not binding upon Civil Court and any change..........
