Adverse possession -- Mere no, payment of rent (entry in revenue record in cultivation column as tenant but in respect of rent Bila Lagan Basharah Malkan Bawajah Ghair Hazaran Malkan) - Does not warrant a finding that possession of defendant qua plaintiff had become adverse - Assistant Collector ordered ejectment under Punjab Security of Land Tenures Act but Collector in..........
Punjab Municipal Act, 1911, Section 84, 86, 61(I)(a) -- Whether assessment and computation of house-tax under Section 61(1 )(a) can be challenged in Civil Court - Challenge to very basis or legality of tax (e. g. given tax could not be imposed under the Act or Authority that levied tax or had passed order of assessment, not authorised under the Act) - Civil Court can go..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Second application - Barred by principles of constructive res judicata - Earlier application under Section 7 dismissed by Assistant Collector First Grade holding petitioner to be tenant of land and not in wrongful or unauthorised possession - Second application (after 9 years) under Section 7 for ejectment -..........
Punjab Pre-emption Act, 1913, Section 4 -- Vendee cannot defeat right of pre-emption by bringing about a transaction not genuine or not intended to be acted upo, Genuineness or otherwise of transaction which affects right of pre-emption - Must be gone into - Mere fact that mention of transaction in sale-deed - Would not deprive pre-emptor to impugn transaction on the..........
Punjab Gram Panchayat (Common Purposes Land) Eviction and Rent Recovery Act, 1976, Section 2(a), 3 -- By virtue of provisions of Section 3, common purposes land as defined in Section 2(a) shall be deemed to be public premises for purposes of Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 - Two conditions must be satisfied before any land can be held..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Ejectment of occupant of Bachat land i. e. area left over unutilised - No jurisdiction with Author ties under the Act - Initially land reserved for common purposes of village under Section 18 Consolidation Act - After utilisation of land for common purposes, remaining land left as..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 4, 2, 3 -- Ejectment of person in unauthorised possession of shamilat deh land vested in Gram Panchayat - Application by Gram Panchayat under Sections 4 and 5 of the Act - Competent - Section 13-B of Punjab Village Common Lands (Regulation) Act does not expressly or by necessary implication..........
Punjab Security of Land Tenures Act, 1953, Section s, 14A(i), 9(1)(ii) -- Whether failure of tenant in the past to make payment of rent will not render him liable to ejectment at some later date - Ejectment application in 1976 - Rent for years 1975-76 not in arrears - Rent not paid for four crops of 1969-70 - Even on the date of application this rent due - So rent due in..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Ejectment application for failure to pay rent - Tenants appeared as their own witnesses and made statements on oath that they had paid batai (rent) to land-lady - Land-lady did not appear in witness-box and controvert the assertion and only general attorney of land-lady stepped into witness-box - Plea that a..........
Punjab Security of Land Tenures Act, 1953, Section s, 9(1 - - Onus to establish sufficiency of cause for no, payment of rent - On tenant - Absence of any plea by tenant of sufficient cause - Non-payment of rent established - Sufficient to order ejectment - Objection that before ordering eviction Revenue Authorities should have recorded a categorical finding that no,..........
