Punjab Tenancy Act, 1887, Section 77, Civil Procedure Code, 1908, Section 11 -- Decision of Revenue Court upon relationship of landlord and tenant between the parties - Does not operate as res judicata- Open to challenge in a subsequent civil suit or any other collateral proceedings between the parties - Not open to Revenue Court to go into question whether a person is a..........
Punjab Tenancy Act, 1887, Section 77 -- Determination whether a person is a tenant or not or whether a person is a landlord or not - Not Within jurisdiction of Revenue Court - If dispute as to nature of relationship of landlord and tenant between the parties - Revenue Court has no jurisdiction - Relationship of landlord and tenant when admitted and accepted - Remedies and..........
Punjab Tenancy Act, 1887, Section 80, 81, 82, 83, 84, Redemption of Mortgages (Punjab) Act, 1913, Section 3 -- Revision before Financial Commissioner - Not maintainable - Sections 80 to 84 Punjab Tenancy Act not made applicable to proceedings under the Act - No provision for filing revision petition under the Act before Financial Commissioner...........
Punjab Tenancy Act, 1887, Section 77(3), Transfer of Property Act, 1882, Section 111(g), 117 -- Denial of relationship of landlord and tenant in written statement and also claim of ownership on the basis of adverse possession - Results in forfeiture of tenancy - Division Bench judgment in Sada Ram's case 1970 P. L. j. 89 holds the field irrespective of the property i. e...........
Rent and Eviction -- sub-letting - services cannot be a good or any consideration for sub-tenancy...........
Rent and Eviction -- Sub-tenancy - concurrent findings of facts of courts below - essential ingredients necessary for finding of a fact missing - findings cannot be sustained and they have to be re-examined to avoid injustice or wrong...........
Punjab Tenancy Act, 1887, Section 77(3)(n), Haryana Ceiling on Lands Holdings Act, 1972, Section 12 -- Vesting of surplus area declared under Punjab Security of Land Tenures Act - Provided by Amendment of Act in 1976- Rent decree for rent due for crops Kharif 1971 to Rabi 1974 passed in 1976 (before Amendment of Act in 1976) and became final as no appeal filed - Execution..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), 15, 16, Punjab Tenancy Act, 1887, Section 77(3)(n) -- Liability of resettled tenant for payment of rent to landowner - Effect of Haryana Ceiling on Land Holdings Act, Section 12(3) - Tenant becomes proprietor of land only after land allotted under Haryana Utilisation of Surplus and Other Areas Scheme and tenant..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7, 7A -- First suit for ejectment filed in 1975 on the grounds : (i) arrears of rent for Kharif 1971 to Rabi 1974, (ii) non execution of Kabuliatnama, and (iii) landlords small landowners and need land for self-cultivatio, During pendency of first suit, landlords filed second suit in 1980 claiming ejectment on ground..........
Punjab Security of Land Tenures Act, 1953, Section 18, 9, 14A -- Maintainability of purchase application under Section 18 filed on 18.10.1972 after ejectment order passed by Assistant Collector 1st Grade on 21.10.1969 and Upheld by Collector on 31.12.1970 - Normally relationship of landlord and tenant deemed to have ceased to exist after kharif 1969 - Landlord in 1972 made..........
