Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- Eviction - Unauthorized occupation - Petitioners are in unauthorized occupation of Gram Panchayat land reserved for purpose of school playground - Unauthorized occupation and possession of land which is reserved for school playground cannot be directed to be legalized on payment of market price - There is..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Co-sharers - Land in question belongs to Gram Panchayat, which has not been impleaded as party - Injunction sought against co-sharers on the strength of an entry made in the Bahi in the year 1991 at a belated stage after 10 years - Possession is also stated to be of year 1960 and..........
Wakf Act, 1995, Section 83 -- Suit for permanent injunction - Dismissal of suit on account of lack of jurisdiction - S.83(5) of the Act, provides that Tribunal shall be deemed to be a Civil Court under CPC while trying a suit or executing a decree or order - Dispute is not between Wakf Board and Gram Panchayat with regard to nature of land rather Wakf Board has filed suit..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Unauthorised occupation - Petitioner in possession has been thrown out from the land upon which he has constructed his house - No evidence led by Gram Panchayat except site plan to prove that land in dispute is a pond on which petitioner is in unauthorized occupation - Moreover, Court below should..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Restraining defendant/Gram Panchayat from interfering in possession of plaintiff or raising any construction and obstructing plaintiff from using land - Plaintiff along with all co-sharers had made joint request to Gram Panchayat for raising construction of Tharra and Gram Panchayat with its own funds..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Proof of title - In the instant case, dispute is with regard to open land which plaintiffs claims to be owners in possession - Admittedly, plaintiffs have no documents of ownership of land as land falls within Lal Dora of village - Even, no independent witness produced by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of land raised construction over..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5, Punjab Village Command Lands Regulation Rules, 1955, Rule 5 -- Exchange of Land - Evidently strict language of law would require prior approval but in instant case with persistence of Panchayat, land of petitioner stood utilized and that too for benefit of entire village - Since petitioners continue to be in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Trial Court would adjudicate factum of alleged unauthorized possession of plaintiff over suit land with reference to evidence which may be produced by parties on record, but at this stage, any person from village can espouse cause on behalf of himself as well as on behalf of village community to..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent Injunction - Plaintiff claimed to be in possession of suit property for past more than 12/14 years - On spot inspection by revenue officials Plot was transferred to plaintiff via conveyance deed - No evidences shown by defendants to prove possession over suit land - Neither any Sarpanch nor any official of Panchayat..........
