Possession -- Revenue entries - Stray entry in jamabandi recording a party as a gair marusi without paying any rent, cannot be relied upon to hold lawful possession as tenant - In order to prove lawful possession, possessee is required to prove payment of rent...........
Possession -- Revenue entries - Possession of suit land as Gair Marusi i.e. tenant at will - However, rate of rent and date of inception of tenancy not disclosed - No evidence produced to show of paying any rent - Entry of Gair Marusi in revenue record in favour of father does not in any manner clothes plaintiff with any legal right to be in possession...........
Punjab Occupancy Tenants (Vesting of Population Rights) Act, 1953, Section 5 -- Plaintiff were not recorded as occupancy tenants in revenue record at commencement of Act - Plaintiff had not acquired occupancy rights by way of agreement - Plaintiff are alleging that they had acquired status of occupancy tenants u/S.5(2) of Act on ground that they are in possession of land..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration of ownership after coming in actual cultivating possession of suit land as gair marusi - Dispute was not between landlord and tenant, rather, inter se two persons claiming themselves as tenant - Civil Court has jurisdiction to determine the said issue...........
Punjab Tenancy Act, 1887, Section 59 -- Gair marusi rights - Right to succession of occupancy tenant is strictly to male lineal descendants only - Since daughter is not an heir to such tenancy, occupancy rights cannot devolve upon any female member in the family...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupation and possession of suit land in capacity of gair marusi tenant by plaintiff - Suit land was owned by father of plaintiff and his two brothers and subsequently partitioned between co-sharers - Entry showing plaintiff to be the tenant gair marusi was accordingly deleted - Jamabandies for the earlier..........
Punjab Panchayati Raj Act, 1994, Section 20, Constitution of India, 1950, Article 226 -- Suspension of Panch - Illegal possession - Validity - Held, if any Panch of Gram panchayat is in illegal possession of gram Panchayat land of a different village even then he would become liable for action - But in present case, allegation is not substantiated against petitioner..........
Revenue record -- Gair Marusi - Meaning thereof - Entry in revenue record depicting possession of occupant as gair-marusi does not imply that possession is as tenant - Expression gair marusi is recorded in revenue record when proper capacity of occupant is not known to revenue official - Whether occupant is tenant or not can be ascertained from entry in column of rent...........
Adverse possession -- Meaning of entry `Gair Marusi' in revenue record - Entry of gair marusi is made irrespective of fact as to whether occupier is tenant or not - Status of occupant can be determined on combined reading of all the entries in the jamabandi particularly the entry made in column of rent - In the instant case, entries in jamabandies in the column of rent..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Gair Marusi tenant - Cannot acquire status and rights of `Marusi' (occupancy tenant) - Eviction petition by Gram Panchayat - In jamabandis for the year 1962-63, 1967-68, 1997-98 ownership recorded in the name of Gram Panchayat - In the column of cultivation, predecessor of petitioner recorded as 'Gair Marusi'..........
