Civil Procedure Code, -- Ad interim injunction in a suit for permanent injunction by plaintiff claiming to be in possession of suit land as a tenant on payment of 1/3rd batai for the last about 15 years - No material to show that rent/batai already stands paid either under Punjab Security of Land Tenures Act by moving appropriate application thereunder or against receipt..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4,5,7 -- Principles of res judicata - Not applicable - Proceedings summary in nature-Doctrine of res judicata as envisaged in Section 11 Civil Procedure Code has no application to summary proceedings unless statute expressly applies to such orders - Principles laid down in Jee Ram's case 1980 PLJ 103..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4,5,7 -- Question of title to land - Authority under the Act has no power to decide - Primary jurisdiction to decide whether a fit case for ordering eviction - Question of title or possession gone into for that purpose only - Findings on question of title given by Collector on eviction application -..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4,5,7,17(2)(f) -- Procedure to be adopted by Authorities while trying petition or application under various provisions of the Act - Must be in consonance and conformity with provisions of Act, Rules framed thereunder, principles of natural justice and basic rule of law - In absence of specific..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 9,4,5,7 -- Interlocutory order i.e. order not falling under three clauses : (1) order of eviction, or (2) order relating to recovery of damages, or (3) order under Section 7(2) , and also any other order not relating to these three basic reliefs - Not appealable under Section 9 - Order passed on..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4,5,7,9,17(2)(f) -- 'Framing of issues' and/or specifying 'points for determination' - Not prohibited by specific language or by necessary implication to provisions of the Act - Facts where raise serious disputes with regard to ownership of property etc. - Framing of 'points for determination' -..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act -- Revision - Powers not vested in any Authority under the Act - Interim orders which affect rights of parties to petition or substantially affect procedure which would ultimately prove prejudicial to interests of either of the parties - Revisable by High Court - Constitution of India, Article 227...........
Punjab Tenancy Act, Section 77(3) -- Suit against tenant-at-will for recovery of arrears of rent as well as for ejectment - Death of one of the plaintiffs-landlords during pendency of suit - Impleading of Legal Representatives of deceased-landlord - Suit as a whole does not abate - AIR 1952 Punjab 306 relates to appeal in a suit by occupancy tenant and as such not..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A,15 -- Resumption on account of violation of conditions of allotment and Rule 5 of Building Rules - Petitioner directed to : (i) deposit within 3 months amount specified in appellate order of Chief Administrator (pay compensation as provided under Section 15 for additional covered space constructed under..........
Punjab Tenancy Act, Section 77(3)(d) -- Suit in Civil Court seeking declaration to be owner in possession claiming that plaintiff in possession of suit land as occupancy tenant and so also his predecessors-in-interest on payment of nominal rent and on coming into force of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act with effect from 15th June, 1952, had..........
