Punjab Tenancy Act, 1887, Section 4(5), 77 -- Revenue entries in favour of tenant for previous 13 years - Another person entered as tenant in later entry of revenue record - No explanation as to in what manner that person suddenly came into the land - Presumption of having been inducted as sub-tenant - Punjab Land Revenue Act (17 of 1887), Section 44...........
Punjab Security of Land Tenures Rules, 1953 -- Rule 11 - Punjab Tenancy Act (16 of 1887), Sections 85, 89 and 90 - Punjab Tenancy Rules-Rule 6 - Ejectment of tenant - Summoning of witnesses - Assistant Collector asking tenant to produce witnesses on his own responsibility by taking dasti summons - Illegal - Tenant if deposits process fee and diet money for witnesses -..........
Punjab Security of Land Tenures Act, 1953, Section 14A - - Rule 11, Punjab Tenancy Act (16 of 1887), Section 85 - Punjab Tenancy Rules, Rule 10 - Restoring possession of land - Notice and opportunity of hearing to parties concerned - Necessary - Even if possession obtained contrary to Law and Rules - Existing possession not to be disturbed without giving other party a..........
Punjab Land Revenue Act, 1887, Section 31, 44 -- Shajra Nasab - Included in record of rights - Presumption of truth attaches - Entries if on the face of it appear to be erroneous - Court would be justified in not accepting them.
Shajra Nasab (pedigree table) is prepared at the time of Settlement and according to Section 31 of the Punjab Land Revenue Act is included in..........
Evidence Act, 1872, Section 32 -- Foot-note of pedigree table-Presumption of truth attaches - Can be availed of to prove partition - Punjab Land Revenue Act (17 of 1887), Sections 31 and 44.
Foot-note of the pedigree table is good evidence and can be availed of to prove the partition.
Foot-note or kaifiat dehi in the pedigree table are given in accordance with law..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g)(vi) -- Houses constructed on shamilat deh - Ejectment from land being in unauthorised possession - Not competent under Section 7 - -Land outside abadi deh used as gitwar, bara, manure pit or house or for cottage industry excluded from operation of Act under Section 2(g)(vi).
Where the Gram Panchayat..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 3(i) -- Mines Act (35 of 1952), Section 2(1)(j) and 2(1)(kk) - Bajri, Kankar, stones, sand gravel etc. brought on privately owned lands by reason of river being in flood - Does not get embedded in earth but only gets deposited - Removal not in the nature of mining operatio, Clearing of lands not excavation..........
Punjab Security of Land Tenures Act, 1953, Section 25 -- Scope of - Collector Agrarian determining surplus area without informing persons recorded as owners in revenue records - Over - steps his jurisdictio, Civil Court's jurisdiction to declare order of Collector ultra vires - Not barred. Where in a suit for a declaration that the order declaring surplus area passed by..........
Punjab Land Revenue Rules, 1887, Rule 17(ii) - - Constitutionality of - Ultra vires - Punjab Land Revenue Act (17 of 1887), Section 28. Sub-rule (ii) of the Land Revenue Rule 17 is ultra vires and unconstitutional. (Para 4) Rule 17(ii) of the Land Revenue Rules, may seem to attach too much importance to the claim of heredity and the selection of the successor is sought to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Nature of land - Dispute as to - Relates to a question of title - Jurisdiction of Civil Court - Not barred - Revenue Authorities exercising summary jurisdiction under Section 7 of the Act - Cannot order ejectment - Proper remedy for Gram Panchayat is in Civil Court - Civil Procedure Code (5 of 1908),..........
