Punjab Tenancy Act, 1887, Section 77, 4(5) -- Revenue record shows forcible possession of land - Question of being a tenant does notarise - Repudiation of title of owner - Incurs upon occupier liability to de dispossessed...........
Punjab Tenancy Act, 1887, Section 77(3)(d), 5 -- Tenant in possession of land since before 14th August, 1947, under Muslim owners who left for Pakistan on partition - Effect of Section 12 Administration of Evacuee Property Act, 1950, that occupancy tenancy cannot be terminated by Custodian notwithstanding provisions of Section 9 East Punjab Displaced Persons (Land..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment for failure to pay rent regularly without sufficient cause - Tenant defaulted in respect of several harvests - Landlord refusing to accept rent - Tenant took recourse to deposit rent in Treasury after taking orders from competent Revenue Officers - No justification for landlord to seek ejectment -..........
Punjab Land Revenue Act, 1887, Section 116(b) -- Mode of making partition - Should be block-wise keeping in view quality of land - Benefit in incremental value of land near abadi - Should be given to all co-sharers - Improvement benefit to a co-sharer - Cannot be given without consent of other co-sharers...........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Private partition - Not reflected in revenue record - Plea of private partition cannot be taken note of...........
Punjab Tenancy Act, 1887, Section 5 -- Claim of occupancy rights - Land in dispute evacuee property - Tenants of evacuee Muslim landlords - Not displaced persons and therefore not covered by "allottee" and "lessee" as defined in Section 2(b) and 2(e) of Displaced Persons (Compensation and Rehabilitation) Act, 1954, and "present holder" as defined in Section 2(f) of East..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit by tenant for permanent injunction - Tenant recorded as such in revenue records - Presumption of continuity of tenancy i. e. tenant continues to be tenant till evicted in due course of law - Correction of Khasra Girdawari entries behind the back of tenant when no ejectment order passed against tenant and no plea that..........
Punjab Land Revenue Act, 1887, Section 18, 34, 35, 36, 37, 45 -- Review of mutation - Mutation stood incorporated in Jamabandi - Hands of Revenue Officers get tied - Objection that mutation proceedings not finalised when entry incorporated in Jamabandi - Not tenable - Remedy of aggrieved party - Decree from Court of competent jurisdiction...........
Himachal Pradesh Land Revenue Act, 1954, Section 17, Punjab Land Revenue Act, 1887, Section 16 -- Scope of - Revisional powers of Financial Commissioner - Very wide and unfettered - Not restricted to Section 115 Civil Procedure Code like revisional powers of High Court...........
Himachal Pradesh Land Revenue Act, 1954, Section 132, 133, Punjab Land Revenue Act, 1887, Section 120, 121 -- Joint status of property - Comes to end when partition order passed - Partition is complete once distribution of revenue, rent etc. determined under Section 132 - Section 133 only lays down date from which partition to take effect...........
