Punjab Land Revenue Act, 1887, Section 16, 34, 35, 36, 37 -- Findings of lower Courts do not corroborate issues involved - Findings of Commissioner do not match with findings recorded by Collector and findings recorded by Collector do not match with order of Assistant Collector - All orders passed by Commissioner, Collector as well as Assistant Collector, set aside...........
Punjab Land Revenue Act, 1887, Section 16 -- Revision filed after lapse of 37 years for reopening of partition already sanctioned - If entertained at such a belated stage, there will be no limitation to litigation - No justification in entertaining revision petition...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence of mutation and pedigree-table in appeal - Merely old revenue record - No prejudice would be caused to defendant-respondent if mutation and pedigree-table permitted to be adduced as additional evidence - Question of relevance of said evidence - Should not be taken into consideration at this stage -..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner set aside order of Collector dismissing Lambardar and remanded case to Collector for decision afresh - No permanent injury occurred by way of remand order - Can advance his version if he has evidence to prove before Collector - Interference declined by Financial Commissioner - Punjab Land Revenue..........
Punjab Land Revenue Rules, 1908, Rule 15, 16 -- Loan, taking of and paying it in instalments - A developmental right of all citizens - Cannot be denied to Lambardar - Collector can discipline default by Lambardar, if any...........
Punjab Land Revenue Act, 1887, Section 13, 16 -- Remedy of appeal and revision against order of Collector and Commissioner - A right of affected party if genuinely feel injured by bad conduct of village Lambardar...........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Loan, taking of and paying it in instalments - A developmental right of all citizens...........
Punjab Land Revenue Act, 1887, Section 31, Evidence Act, 1872, Section 35 -- Punjab Land Record Manual, Para 3.79 - Roznamcha Patwari, entry in - Made by official concerned in the course of performance of his official duties - Admissible under Section 35 Evidence Act - - Cannot be said that entry made in Roznamcha of Patwari not genuine - Evidence Act, Section 35...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- `Banjar Qadim' - Entry in revenue record - It cannot be concluded that land in question was not being used or common purposes of the village and the same does not vest in the Panchayat...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4, 5, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 3(2) -- Charand land - If Shamlat Deh of the village being used as Charand - Falls under definition of Shamlat Deh under Section 2(g) of the Act - Even if in revenue record nature of land recorded as Banjar Qadim - Does not make any difference..........