Specific Relief Act, 1963, Section and, 6 -- Suit for possession - Land in possession of tenants - Decree for actual possession cannot be passed - Only decree for symbolical possession can be passed...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A(2) - - Occupant in unlawful possession of Panchayat land - Recovery of money for use and occupation - No decree obtained from any Civil or Revenue Court - Demand notice issued by Block Development and Panchayat Officer - Illegal - Panchayat cannot determine amount by itself arbitrarily - Must approach some..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Res judicata - Locus standi to invoke - Sub-section (1) of Section 7 grants same status or locus standi against person in unauthorised or wrongful possession of shamilat deh land to : (i) Gram Panchayat, or (ii) Block Development and Panchayat Officer, or (iii) Social Education and Panchayat Officer, or (iv)..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Res judicata principles - Applicable to proceedings under the Act - Whether respondents in authorised or unauthorised possession - Finding recorded in earlier application under Section 7 that respondents in unauthorised possession - Order of Assistant Collector not implemented or got executed - Subsequent..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for possession of whole of land against trespasser by mortgagee of a share in land - Maintainable - Mortgagee derives title from owner of land and to be considered at par with co-sharer - Having interest in property jointly with owner of land, mortgagee manifestly a person with a better title than trespasser - Mortgagee..........
Injunction - - Suit for perpetual injunction restraining Gram Sabha from dispossessing by force plaintiff (occupying land as a statutory tenant) otherwise than in due course of law - Gram Sabha pleaded : (i) lease in favour of plaintiff expired by efflux of time, (ii) had no right to retain possession, and (iii) estopped from suing - Land did not vest in Gram Sabha but..........
Punjab Security of Land Tenures Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 4(5), 4(6) -- Ejectment order obtained by landlord against tenant, although not executed - Puts an end to relationship of landlord and tenant - Tenant looses status of tenant after order of ejectment and has no right to continue in possession - Possession after eviction decree without..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(3)(ii) -- Applicability of - Possession of Panchayat land for over SO years on payment of only nominal rent - Nominal rent cannot be construed to mean rent less than land revenue and cesses payable on land - Section 4(3)(ii) not applicable...........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 19 - - Mere payment of rent - Not sufficient to establish relationship of landlord and tenant between occupier and Gram Panchayat - Possession protected only of allottee, lessee or grantee of Panchayat land...........
Punjab Land Reforms Act, 1972, Section 4, 5(1) -- Land declared surplus under Punjab Security of Land Tenures Act finally in 1969 - Appeal filed in 1980 dismissed as time-barred - Possession of surplus area not taken before commencement of Punjab Land Reforms Act - Landowner, in the light of Full Bench judgment in Ranjit Ram's case 1981 P. L. J 259, entitled to select..........
