Khasra Girdwari -- Entry correction of - Assistant Collector after inspecting the spot confirmed actual possession and rejected application for correction of Khasra Girdawari, Civil Court also held possession to the same effect and accordingly Halqa Patwari given note in Jamabandi - No documentary evidence to show possession to the contrary - Entry regarding possession..........
Punjab Land Revenue Act, 1887, Section 116, 16 -- Partition application of 1993 and as per Jamabandi 1989-90 - Mode of Partition approved in 1996 and attained finality - Land partitioned as per classification in Jamabandi 1994-95 not expressly authorised by Mode of Partition - Set aside...........
Punjab Land Revenue Act, 1887, Section 16, 116 -- Concurrent orders of partition of land passed by Assistant Collector 1st Grade, Collector and Commissioner - Land partitioned as per classification in Jamabandi 1994-95 not expressly authorised by Mode of Partition and not as per classification in Jamabandi 1989-90 available at the time of application for partition -..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14A -- Eviction application against tenant - Relationship of landlord and tenant between the parties - Tenant admitted before trial Court that he was tenant under landlord but later on vide amended reply claimed to be owner of land and to justify his occupation claimed that disputed land mortgaged to him but failed to..........
Punjab Tenancy Act, 1887, Section 4(5), Punjab Security of Land Tenures Act, 1953, Section 9, 14A, 2(6) -- For establishing relationship of landlord and tenant between the parties - Entries in column of cultivation as also in column of rent in Khasra Girdawari and Jamabandi have to be read together...........
Punjab Land Revenue Act, 1887, Section 37, 45 -- Correction of entry in Jamabandi - Patent defect while framing new Jamabandi - Revenue Officers not debarred from correcting the same...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 3, Punjab Tenancy Act, 1887, Section 5, 8 -- Provisions of Section 4 have precedence over provisions of Punjab Tenancy Act and Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act - Claim to have acquired occupancy rights under..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Possession - Jamabandi - In absence of clear evidence of possession and title entries in jamabandi cannot constitute the basis for concluding that the plaintiff is in possession - Vendor cannot pass to the vendee a title better than his own title or rights better than his own rights - Once the vendor of plaintiff was not..........
Khasra Girdwari -- Entry correction of - New Jamabandi since been prepared - Revenue Officer not competent to make any correction, whatever the entries therein - As regards subsequent period - Parties at liberty to agitate the matter de novo - Punjab Land Records Manual, Para 9.9...........
Co-owner -- Court passed interim order requiring parties to maintain status quo in a suit for prohibitory injunction to restrain defendants from effecting construction on joint land and in case defendants succeeded in effecting construction that structure be demolished and land restored to its original position-Finding that plaintiffs joint owners and also in joint..........
