Punjab Tenancy Act, 1887, Section 77(3)Denial - - Suit for possession in Civil Court - Maintainable - Ejectment application by C against N before Revenue Authorities dismissed on the ground that C's name did not figure as owner in revenue record as such no locus standi to seek ejectment-Suit by C in Civil Court for declaration of title and consequential relief of..........
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..........
Punjab Security of Land Tenures Rules,1956 -- Rule 6 sub-rules (6), (7) and (8) - Starting of limitation in surplus area case when Form 'F' not served on landowner - Appeal filed after a lapse of more than 18 years against order of Collector declaring surplus area on the ground of absence of service of Form 'F' on landowner - Mukhtiar-e-am and counsel of landowner present..........
Punjab Tenancy Act, 1887, Section 8 -- Determination whether tenant acquired occupancy rights under Section 8 - Propositions of law laid down in Muni Ram's case 1974 PLJ 369 - For applicability of proposition (4) in the first instance a person claiming occupancy rights to prove circumstances from which inference can be drawn that implied promise not to eject from land for..........
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..........
Punjab Security of Land Tenures Act, 1953, Section 9A -- Entitlement for resettlement - Eligibility of tenant should be examined at the time of passing of ejectment order - Tenant if found to be in possession of less than 5 Standard Acres - Entitled to allotment of equivalent surplus area from which being ejected - Sohan Singh's case 1964 P. L. J. 150 not applicable where..........
Punjab Tenancy Act, 1887, Section 38 -- Abandonment - Mere fact of being shown as gair kabaz in revenue record - Does not prove abandonment - Two primary elements of abandonment are : (i) intention to abandon; and (ii) external act by which effect given to intention to abandon - Both elements must concur - Intention to abandon must be clear and unmistakable - Abandonment..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 2(f), 3, 4 -- Tenant or his father never recorded as occupancy tenants in revenue record and tenant never obtained any right of occupancy in respect of land held by him through any Court of competent jurisdiction or otherwise - Having failed to file any suit under Section 77(i)(d) Punjab Tenancy..........
Punjab Security of Land Tenures Act, 1953, Section 25, 18 -- Civil suit challenging dismissal of application under Section 18 for purchase of tenancy land - Jurisdiction of Civil Court barred by Section 25- Validity of order passed under Section 18 cannot be challenged in Civil Court - No Civil Court can pass any judgment about legality of order passed by a Revenue Officer..........
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..........
