Punjab Village Common Lands (Regulation) Act, 1961, Section 4(3)(ii) -- Applicability of - Possession of Panchayat land for over SO years on payment of only nominal rent - Nominal rent cannot be construed to mean rent less than land revenue and cesses payable on land - Section 4(3)(ii) not applicable...........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 19 - - Mere payment of rent - Not sufficient to establish relationship of landlord and tenant between occupier and Gram Panchayat - Possession protected only of allottee, lessee or grantee of Panchayat land...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5)(iv) -- Land acquired by a valid deed before 26th January, 1950, by purchase or exchange for proprietary land from a co-sharer in Shamilat Deh - Specifically excluded by Section 2(g)(5)(iv) - Not Shamilat Deh...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5) -- Two requirements : (i) land described as Banjar Qadim, and (ii) used for common purposes - Mere fact that land recorded as Banjar Qadim - Not by itself sufficient to hold land as Shamilat Deh...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A, 7 - - Impleading of party in suit under Section 13-A - Application by X under Section 7 for removal of encroachment by Y in the street - Assistant Collector ordered ejectment of Y, which order upheld by Collector - Thereupon Y filed declaratory suit in Civil Court against X and Gram Panchayat claiming to be..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Suit filed in Civil Court withdrawn on the plea that Civil Court has no jurisdiction to determine the matter and the same could be determined only under the Act - Same plaint should be presented before Prescribed Authority under Section 13-A of the Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Procedure for eviction of person in unauthorised possession of Shamilat land - Summary in nature - Section 7 pre-supposes that land about which application made is Shamilat answering description given in the Act - Assistant Collector being a Tribunal of very limited jurisdiction cannot enter into inquiry..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit in Civil Court for declaration that plaintiff has right of passage through part of the street and mandatory injunction directing defendant to remove obstruction - Defendant not allowing plaintiff to use passage by blocking the same, claiming ownership in land - No plea that passage vests in Gram..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Question whether land is or is not shamilat deh or whether any property vests in Gram Panchayat or not - Jurisdiction of Civil Court to determine - Barred - Matter still pending in appeal and Civil Court decree has not become final__No jurisdiction with Civil Court to entertain and adjudicate upon the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Challenge to attestation of mutation by which land mutated in name of Gram Panchayat - Claim in reality that property not shamilat deh and did not vest in Gram Panchayat - Civil Court has no jurisdiction to decide...........
