Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Himachal Pradesh Land Revenue Act, 1954, Section 34, 35, 36, 37, 38 -- Mutation of inheritance - Sanctioned in favour of K son of deceased identified by village Lambardar - Order silent whether enquiry made about other legal heirs of deceased and whether opportunity given to the n to be present before order passed -..........
Punjab Land Records Manual -- Chapter 7, H. P. Land Records Manual, Chapter 7 - Mutation proceedings - Order passed by Revenue Officer must state : (1) persons examined by him : (a) whether interested parties present, or if any one absent, way in which his evidence obtained, or, if not obtained, what opportunity given to him to be present, and (b)4 who identified parties;..........
Punjab Land Revenue Act, 1887, Section 16, 17 - - Revision petition time-barred (filed after 255 days of order) - Order passed without following guidelines contained in Land Records Manual with the result that miscarriage of justice occurred - Order set aside in revision...........
Punjab Land Revenue Act, 1887, Section 44 -- Entry in Jamabandi - Carry a presumption of truth - Onus of disproving these entries - Falls on person who claims to the contrary...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 3(f), 4 -- Second wife - Forms part of family - Revenue Officers to accept relationship as revealed in revenue record without going into its legality - No duty of Revenue Officer to conduct enquiry into status of second wife under Hindu Marriage Act - Land held by second wife - Will form part of holding of husband while..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation, sanction of on basis of Sale Certificate confirming auction of land in pursuance of Civil Court decree - Delay of about 18 years in moving Revenue Authorities - Ambiguities and discrepancies in Sale Certificate - Not proper to sanction mutation - Party concerned should bring a fresh decree or order from..........
Punjab Land Reforms Act, 1972, Section 7, 4(5) -- Whether necessary to make vendee a party while determining surplus area of vendor - Incumbent to make vendee a regular party even when purchase of land held as not 'bona fide' - Notice to all persons interested - Mandatory - Absence of notice to interested persons - Vitiates entire proceedings - Purchase of land by..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 43, 47 -- Section 43 enabling provision to restore possession to various persons by a summary procedure if wrongfully or unauthorisedly dispossessed - Revenue entries show possession of land by tenants till Rabi 1963, tenants did not surrender their tenancy nor ordered to be ejected in any proceedings - Tenancy rights..........
Punjab Tenancy Act, 1887, Section 4(8), 4(5) -- Determination whether possession of alleged tenants unauthorised or without any right - Revenue entries right from 1958 to Rabi 1963 show alleged tenants to be in possession of land as tenants-at-will - Tenancy rights can be terminated either by a contract or by one of the modes provided in law - No implied surrender of..........
Punjab Land Revenue Act, 1887, Section 44 -- Conflict between later and earlier entries in revenue record - Entries in subsequent revenue record changed without observing procedure prescribed and without issuing notice to party concerned - Constitutes a very valid reason to ignore later entries and prefer earlier entries in revenue record...........
