Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Nature of land - Dispute as to - Relates to a question of title - Jurisdiction of Civil Court - Not barred - Revenue Authorities exercising summary jurisdiction under Section 7 of the Act - Cannot order ejectment - Proper remedy for Gram Panchayat is in Civil Court - Civil Procedure Code (5 of 1908),..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98 -- Possession of immovable property - Third party in possession - If third party is not bound by the decree, two ways to remove him and obtain possession - One is that he can institute a regular suit for declaration of title, and the second is that he may first complain resistance or obstruction under O.21.R.97 and obtain..........
Punjab Co-operative Societies Act, 1961, Section 50(4) -- Scope of - Communication of summary of report to Society - Whosoever is managing the affairs of Society to be intimated about the report - Notice to all the members of the Society - Not contemplated by the Act or the Rules. The requirement of sub-section (4) of Section 50 of the Punjab Cooperative Societies Act is..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Hundi suit - Summary suit only against person whose names appear in Hundi can be sued upon...........
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 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, 11 -- Ejectment of tenant after expiry of term of lease - Collector empowered to order evictio, No need to resort to the provisions of Punjab Tenancy Act for ejectment.The Collector was empowered to take possession from the owner only for the maximum period of 20 years for which he could lease it to a tenant. It was..........
Punjab Redemption of Mortgages Act, 1913, Section 12 -- Person who takes benefit of the provisions of the Act - Must also suffer the disadvantages under the same - Person who himself instituted application for redemption under the Act - Cannot turn round and say that order passed by Collector was not an order under the Act. A person who wants to take benefit of the..........
East Punjab Utilisation of Lands Act, 1949, Section 7 -- Ejectment after expiry of term of lease - Has to take place automatically - Lessee has no right to object to his ejectment - Only objection available to lessee in proceedings under Section 7 is that lease period has not come to an end. Where it was contended that Section 7 of the Act did not authorise the Collector..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutatio, Registered Will - Genuineness if not doubted or challenged - Revenue Officers have no option but to rely upon registered Will - Validity or invalidity of registered Will - Civil Court to decide. It is not the function of the Revenue Officer to sit in judgment over genuineness or ingenuineness of a registered..........
