East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Revenue estate of village comprised of hilly as well as plain lands - Consolidation Scheme provided for consolidation of plain area and hilly area to be kept as it is - Path of 2 Karams to every block - No consolidation of hilly `chak' carried out - Question of providing path to..........
Punjab Tenancy Act, 1887, Section 42(a), 43, 44, 76, Punjab Security of Land Tenures Act, 1953, Section 9 -- Ejectment ordered under Section 42(a) read with Section 44 and Section 76 Punjab Tenancy Act - Provisions contained under Punjab Security of Land Tenures Act not applicable - Revenue Officer competent to order ejectment under Punjab Tenancy Act - Under Punjab..........
Punjab Security of Land Tenures Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 42(a), 43, 44, 76 -- Non-obstante clause contained in Section 9 of Punjab Security of Land Tenures Act - Does not affect institution of proceedings under Sections 42(a), 43 and 44 Punjab Tenancy Act for ejectment of tenant because he failed to satisfy decree inspite of notice given to..........
Punjab Tenancy Act, 1887, Section 44(2) -- Tenant can show sufficient cause to Revenue Officer for not paying decretal amount in response to show-cause notice issued to tenant under Section 43 - Words 'order the ejectment of the tenant unless good cause is shown to the contrary' used in sub-section (2) of Section 44 - Clearly indicate that Revenue Officer can refuse to..........
Punjab Tenancy Act, 1887, Section 77, Punjab Security of Land Tenures Act, 1953, Section 9 -- Simply because a tenant did not pay the rent - No ejectment application can be filed against him under Punjab Security of Land Tenures Act - Only remedy available to a landlord - To file a suit for recovery of rent under Section 77 - Revenue Court can pass a decree against tenant..........
Punjab Tenancy Act, 1887, Section 76, 77 -- Section 76 provides for filing of application for initiation of proceedings before Revenue Officer for taking cognizance of any such dispute with respect to which no other Court shall take cognizance - Clause (c) of sub-section (1) of Section 76 provides for filing of application before Revenue Officer by a landlord under Section..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Shamlat deh - Land in question mutated in favour of petitioner Gram Panchayat in the year 1954-55 - The said change in ownership from Shamlat Deh Hasab Rasad Jare Khewat neither challenged by respondent No.3 nor by any proprietor of the village - Merely because the land in question was described as `Banjar..........
Punjab Land Revenue Act, 1887, Section 15 -- Ex parte orders obtained by playing fraud - Summons issued not served upon concerned party - Wrong report regarding service of summons obtained in connivance with lower revenue staff - Order set aside on review...........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Relative merits and demerits of two candidates - GS has no land in the village, not resident of the village whereas JS owns land in the village, a permanent resident of the village, younger in age, well conversant with work of Lambardari as he assisted his father deceased Lambardar - Collector after..........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Choice of District Collector in appointment of Lambardar - Final and should not be disturbed...........
