Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 4, 3, 2(a) - - East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, Sections 18 and 23-A East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, Rule 16(ii) - Land carved out during consolidation after imposing cut on landowners and in revenue records..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Land carved out during consolidation after imposing cut on landowners not reserved for common purposes of village but kept apart as Mustarka Malkan and as per revenue record vested in proprietary body being used for agricultural purposes by proprietors of village - Not Shamilat Deh as defined in Section..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Balance of convenience - Defendants in possession of land allotted in partition and made some construction - Defendants if restrained from making further construction would be debarred from making use of land and building material lying on site will be wasted while plaintiffs who are out of possession not going to suffer..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4, 2(g)(4) -- Transfer by Gram Panchayat of a portion of Shamilat land under a Street or a Lane within Abadi Deh or Gora Deh vested in Gram Panchayat under Section 4 read with Section 2(g)(4) or change in its user - Competent - Gram Panchayat empowered to change user of Shamilat Deh vested in it and transfer..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 3(1), 2(g)(5)(vi), 2(h) -- Section 3(1) has given retrospective effect to definition of Shamlat Deh as contained in Section 2(g)-Absence of any finding that possession of Biswadar or proprietor in revenue estate was prior to January 9, 1954 - Land falls within definition of Shamlat Deh...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5)(iii), 7 -- Landholder in cultivating possession of Shamilat Deh land prior to 26.1.1950 and land in dispute allotted in lieu thereof in consolidation proceedings - Not included within definition of Shamilat Deh for purposes of Act - Gram. Panchayat cannot seek eviction from such land in proceedings under..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction to prevent proposed alienation (not for benefit of family or for any legal necessity) - Cannot be granted - No right in a coparcener to maintain a suit for permanent injunction restraining manager or karta from alienating coparcenary property - Coparcener has right only to challenge alienation of..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 2(f), 3, 4 -- Tenant or his father never recorded as occupancy tenants in revenue record and tenant never obtained any right of occupancy in respect of land held by him through any Court of competent jurisdiction or otherwise - Having failed to file any suit under Section 77(i)(d) Punjab Tenancy..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Alternative pleas - One of the alternative pleas cannot by itself be treated as admission - When one of the alternative pleas not proved - Party can always fall back upon other alternative pleas...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g) -- Eviction of unauthorised occupant or a member of proprietary body from land which belongs to proprietary body of village reserved for common purposes and administration vested in Panchayat under Consolidation Act - Not competent under Section 7 - Such land does not form part of Shamilat Deh within..........
