Punjab Security of Land Tenures Act, 1953, Section 9 -- Civil Procedure Code, Order 20 Rule 14 and Order 21 Rule 35 - Whether tenant in actual physical possession of land can be ejected in execution of preemption decree and whether pre-emptor entitled to only symbolical possession or actual possession - Tenant inducted by vendee of preemptible property - Sale successfully..........
Civil Procedure Code, 1908, Order 20, Rule 14, Civil Procedure Code, 1908, Order 21, Rule 35 -- Pre-emption decree - Rights and consequences - Title of pre emptor in respect of pre-empted property accrues from date on which payment of purchase money and costs (if any) made in accordance with Order 20 Rule 14 - Pre-emptor entitled to delivery of possession of pre-empted..........
Land Acquisition Act, 1894, Section 16, 11 -- Acquisition proceedings terminate or come to end with passing of Award or taking of possession of acquired land by Collector - Moment Collector takes possession of acquired land after making Award under Section 11, same vests absolutely in Government in terms of Section 16 and proceedings come to end - Subsequent proceedings as..........
Punjab Tenancy Act, 1887, Section 77(3)(d), 8 -- Question of title - Can be determined in Civil Court - If in order to determine question of title, ancillary question determinable by Revenue Court has to be decided - Matter still remains within competence of Civil Court - Section 77(3)(d) takes out of jurisdiction of Civil Court only that suit which is instituted to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction to prevent proposed alienation (not for benefit of family or for any legal necessity) - Cannot be granted - No right in a coparcener to maintain a suit for permanent injunction restraining manager or karta from alienating coparcenary property - Coparcener has right only to challenge alienation of..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44 -- Suit in Civil Court for a declaration that plaintiffs owners of land in dispute (which defendant had got allotted in his name in connivance with Consolidation Authorities in lieu of land in which defendant had no right, title or interest) and in the alternative decree for..........
Punjab Pre-emption Act, 1913, Section 15 - - Property inherited by a female from her father or husband- Right of preemption restricted to that available under Section 15(2) - Cannot be claimed under Section 15(1) - By amendment making available to plaintiff-preemptor ground for pre-emption being a co-sharer which otherwise stood barred - Not permissible - Civil Procedure..........
Punjab Security of Land Tenures Act, 1953, Section s, 18, 25 -- Order allowing purchase of tenancy land challenged as void in Civil Court on the ground that date of institution of application under Section 18 cannot be found out and therefore 6 years cultivation not proved - Well settled that in case a plaintiff challenges order of a Revenue Authority on the ground that..........
Punjab Tenancy Act, 1887, Section 77, 80, 82, 84, Civil Procedure Code, 1908, Section 9 -- Exclusion of jurisdiction of Civil Court - Requirement that statute ousting jurisdiction of Civil Court must clearly provide that matter in dispute between the parties would be enquired into and adjudicated upon in a proper manner and further avenues open to parties to challenge..........
Civil Procedure Code, 1908, Section 21(1) -- Principles enunciated applicable to suits though section applies to appeals and revisions - Objection regarding territorial jurisdiction of a Court - Should be raised before settlement of issues - Cannot be raised thereafter - Even if a plea regarding jurisdiction taken in written statement but not pressed at the time of..........
