Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Punjab Land Record Manual -- Change of khasra girdawari - Pendency of Civil Suit - Effect - Agreement to sell - Suit for specific performance - Prayer for permanent injunction restraining defendant from interfering in peaceful possession and from alienating etc. - Status quo ordered - Application for correction of..........
Constitution of India, 1950, Article 226, Punjab Land Revenue Act, 1887, Section 45 -- Change in entry in revenue records - Writ jurisdiction - Alternative remedy - Writ petition challenging order of Collector - Revision u/s 13 & 16 of the Act not filed - Sec. 45 provides alternative remedy of filing Civil Suit if any person considers himself aggrieved by an entry in..........
Punjab Land Revenue Act, 1887, Section 44 -- Presumption of truth attached to entries in jamabandies - Stray entry - Plaintiff shown to be in possession of land as Dholidar in jamabandi for the year 1964-65. Entries repeated in subsequent jamabandies - Stray entry in jamabandi for the year 1984-85 in favour of defendant -Entries changed without authority - No material to..........
Punjab Land Revenue Act, 1887, Section 44 -- Possession ` Evidentary value of stray entry in revenue record - Plaintiff recorded to be in possession of land in jamabandis from 1964-65 to 1974-75 - Stray entry in favour of defendant for the year 1984-85 and in subsequent khasra girdawaries - No material/authority to substantiate change in the entries - No benefit can be..........
Punjab Land Revenue Act, 1887, Section 45 -- Entries in Jamabandis - Jurisdiction of Revenue Authorities to affect change - Land donated by the proprietors to Thakurdwara in 1857 - Ownership of land recorded in the name of one of the chela/Mahant of Thakurdwara - Entries of ownership continuing in the name of Mahant/Mohatmin/Chelas in succession - No entry in the revenue..........
Punjab Land Revenue Act, 1887, Section 13, Punjab Land Revenue Rules, 1908 -- Lambardar, appointment of - Defective process of appointment - On 11.12.95 AC 2nd Grade ordered for Mushtri Munadi inviting applications to fill up the post of lambardar upto 20.12.95 - Halqa Patwari made entry in rapat roznamcha vakyati on 11.12.95 itself to the effect that munadi has been done..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in peaceful possession - Except a stray entry in revenue record, defendant did not produce any other material - Name of plaintiff shown in preceding years - Plaintiff entitled to grant of injunction...........
Punjab Land Revenue Act, 1887, Section 31, 32, 33, 45 -- Onus to rebut correctness of revenue record - Entry in jamabandi for year 1949-50 regarding occupancy tenant - Entry continuing in subsequent jamadbandis - Contention that entry manipulated in connivance with officials - Presumption of truth attached to jamabandi, unless got corrected from Civil Court - Onus to..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation -Sanctioned as per registered Will - Civil Suit challenging Will - Genuinessness of Will to be adjudicated finally by the Civil Courts - Mutation not confer or extinguishes any right, title or interest of a person - Entry in revenue record will be carried out as per the final decision of the Civil Court - No infirmity..........
Specific Relief Act, 1963, Section 34, Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Suit for declaration - Limitation - Suit for declaration filed after 36 years of sanctioning of mutation - Mere entry of mutation in favour of defendant will not furnish cause of action to the file suit - Cause of action arises to plaintiff when defendant actually threatens to..........
