Specific Relief Act, 1963, Section 34 -- Suit for declaration that exchange of gifted property was illegal, null and void - Property in question donated to School vide gift deed for the benefit of students of school - Oral exchange of valuable property with u, irrigated inferior quality of banjar land situated in remote corner of village, was wholly collusive and illegal..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, 11 -- Ejectment - As per revenue record Gram Panchayat was owner of `Banjar Qadim' land and petitioners were in forcible possession - Petitioners failed to prove any of conditions to exclude ownership of Gram Panchayat from disputed land - Held, such land would be deemed to have been vested in Gram..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Shamilat deh - Banjar Kadim Charand- Land in dispute as per copy of Sharat-Wajib-Ul-Arz has been kept reserved for the purpose of charand and in consolidation scheme, it shall be kept intact for said purpose and in jamabandi also it has been recorded as Banjar Kadim Charand which is common purpose - Held,..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Banjar Qadim land - Held, it means that it is not under cultivation...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), Constitution of India, 1950, Article 226, 227 -- Writ petition - Raising plea for first time - Permissibility - Plea, though, not raised before Collector or Commissioner or in reply filed to writ petition, is that as land in dispute was Banjar Qadim, it is excluded from Shamilat Deh - Held, plea cannot be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(2)(viii) -- Shamlat Deh Hasab Rasad Zar Khewat - Banjar Quadim - Perusal of jamabandis for the year 1938-39 and 1942-43 reveals that disputed land recorded as `Shamlat Deh Hasab Rasad Zar Khewat' - Petitioners' contention that land, in dispute, was in cultivating possession of their predecessors, is falsified by..........
Land Acquisition Act, 1894 - - Cultivating possession - Proof - Plaintiff claimed to be in cultivating possession of suit land - However, suit land is recorded to be Banjar Kadeem in jamabandis - Held, suit land not cultivable, hence plaintiff cannot be said to be in cultivating possession of suit land...........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(5) - - Shamlat deh - Exclusion from - Banjar qadim - Held, S.2(g)(5) of the 1961 Act provides for exclusion of `Banjar qadim' from `Shamilat deh' - A person claiming exclusion of his land u/s.2(g)(5) of the 1961 Act has to prove that land was `Banjar qadim' and not used for common purposes of village according..........
Land Acquisition Act, 1894 - - Banjar Jadid, Banjar Kadim and Ghair Mumkin - Held, uncultivated land is classified as Banjar Jadid, Banjar Kadim and Ghair Mumkin - If for four successive harvests land which was once cultivated has not been sown it is classified as Banjar Jadid or new fallow - If it continues to be uncultivated and said entries are maintained for next four..........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(viii) - - Shamilat deh - Exclusion from - Petitioner sought exclusion u/s.2(g)(viii) and 4(3)(ii) of the 1961 Act without proving on record his individual cultivating possession either on or before 26th January, 1950 or 12 years immediately prior to 22.04.1961 i.e. commencement of the 1961 Act - Held, he is..........
