Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
Punjab Land Revenue Act, 1887, Section 45 -- Revenue records - Correction of entry of mortgage in revenue record - Period of limitation - S.45 of the Act does not provide for any limitation - Limitation for a suit for declaration praying for correction of entry does not begin to run from the date a wrong entry has been made in revenue record, unless there is some over act..........
Punjab Security of Land Tenures Act, 1953, Section 9(i)(ii), 14(1)(A), Punjab Security of Land Tenures Rules, 1956, Rule 56, Punjab Land Revenue Act, 1887, Section 44, 45 -- Eviction - Respondents seeking eviction of petitioner on ground that petitioner have not paid rent without sufficient cause - Petitioners raised question about status of private respondents of being..........
Punjab Security of Land Tenures Act, 1953, Section 9(i)(ii), 14(1)(A), Punjab Security of Land Tenures Rules, 1956, Rule 56, Punjab Land Revenue Act, 1887, Section 44, 45 -- Landlord and tenant relationship - Petitioners have been paying rent by way of `Batai' to extent of 1/2 share - Rightly, held that petitioners had been tenants of respondents and there was relationship..........
Punjab Land Revenue Act, 1887, Section 45 -- Record of rights - Jurisdiction of civil Court - Person aggrieved by entry in record of rights or in annual record is required by S.45 of the Act to approach a Civil Court - However, Fard Badar i.e. a correction, particularly, when parties are already litigating on question of title cannot be recorded...........
Punjab Land Revenue Act, 1887, Section 45 -- Record of rights - Correction of entry - Held, a person aggrieved by an entry in record-of-rights or in an annual record is required to approach Civil Court - Fard Badar, i.e. correction, particularly, when parties are already litigating on question of title cannot be recorded - Appeal dismissed...........
Punjab Land Revenue Act, 1887, Section 45 -- Declaratory suit - Revenue entries - Plaintiff felt aggrieved by entries in revenue record and record of rights - Held, u/s.45 of the Act, plaintiff entitled to institute suit in a civil Court for declaration of his rights - Civil Court would certainly have jurisdiction to adjudicate upon a suit regarding declaration of rights..........
Punjab Land Revenue Act, 1887, Section 158(2),45 -- Plaintiffs felt aggrieved by entries in the revenue record i.e. record of rights - U/s 45 of the Act, plaintiffs are entitled to institute civil suit in civil court for declaration of their rights - Civil Court has jurisdiction to adjudicate upon the suit regarding declaration of rights of the plaintiffs in the suit land..........
Punjab Land Revenue Act, 1887, Section 45 -- Plaintiff sought declaration that revenue entries depicting them and their predecessors as mortgagors and defendants and their predecessors as mortgagees of suit land are incorrect and thus liable to be corrected - Held, u/s 45 of the Act, the suit in the civil Court is maintainable as the plaintiffs were aggrieved by entries in..........
Punjab Land Revenue Act, 1887, Section 45, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte decree - Suit filed for possession - One of the defendants chose not to contest the suit and hence proceeded against ex-parte - Remaining defendants though filed written statement, but cared not to lead any evidence to substantiate the case set up in written statement - Held,..........