Punjab Land Reforms Act, 1972, Section 5(1), 4, Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32 - - Surplus area of original landowner determined in 1963 became final as Writ Petition challenging same 1971 P. L. I. 178 dismissed by High Court in 1970 aid confirmed by Division Bench 1971 P. L. J. 197 in Letters Patent Appeal - Land declared surplus allotted to..........
Punjab Tenancy Act, 1887, Section 90(1), Punjab Security of Land Tenures Act, 1953, Section 14A(i), 9 -- Ejectment for no, payment of rent - Service of summons - No effort made to effect personal service on tenant nor shown why personal service not possible - Basic procedural infirmity - Ejectment order set aside - Case remanded for fresh decision...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32FF - - Partition of joint Hindu family property in September, 1956 between father - M and sons - D, J and K, partitio, deed registered in January 1958 and in Jamabandi 1958 - 59 sons recorded as owners of land- Agrarian Authorities did not accept partition and order declaring surplus area in the hands of father - M..........
Punjab Land Reforms Act, 1972, Section 11(5), 11(7), 8 -- Land declared surplus under Pepsu Tenancy and Agricultural Lands Act - Death of landowner before coming into force of Punjab Land Reforms Act - Surplus area not taken possession of by State and never stood utilise during life-time of landowner - Full Bench decision in Ajit Kaur's case 1980 PLJ 354 governs the field..........
Punjab Tenancy Act, 1887, Section 82 -- Review-Scope of - Wide enough to cover setting aside of ex-parte order - Order passed ex-parte is good ground for seeking its review if justification forthcoming for absence - Appellate and Revisional Authorities wrong in commenting on merits of case...........
Punjab Tenancy Act, 1887, Section 85, Punjab Security of Land Tenures Act, 1953, Section 14A, 9 -- Ex-parte ejectment order, setting aside of - Merely because a specific provision not made in Punjab Tenancy Act or the Rules framed thereunder is no reason for not entertaining application for setting aside such order...........
Punjab Tenancy Act, 1887, Section 4(1), 77 -- Bara, to bring within meaning of 'land' - Essential to aver and prove that bara: (i) not occupied as site of any building in a town or village, and (ii) occupied or let for agricultural purposes or for purposes subservient to agriculture or for pasture - Nothing in pleadings or evidence to show that parties are agriculturists..........
Punjab Tenancy Act, 1887, Section 81 -- Time barred appeal - Delay of few days - Should be condoned...........
Punjab Tenancy Act, 1887, Section 80 -- Appeal preferred by maternal uncle of minor - Competency of - Appeal when not dismissed on ground of maintainability - Permission to prefer appeal can be implied...........
Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 104 -- Land situate within Cantonment area - Act not applicable - Proprietary rights under Section 104 cannot be vested/conferred upon tenant of land situate within Cantonment area...........
