Punjab Village Common Lands (Regulation) Act, 1961, Section 16 -- Vesting of land in Gram Panchayat under Punjab Gram Panchayat Act, 1953 - Mutation sanctioned in name of Notified Area Committee - Repeal of Gram Panchayat Act, 1953 - Held, original owners of land cannot claim reversion of lands to them...........
Will -- Secondary evidence - Mutation sanctioned on the basis of Will produced by one A.S. - Petitioner asked A.S. to produce Will - A.S. denied the existence of Will - Plaintiff apart from claiming property on the basis of inheritance is also challenging mutation which was entered in pursuance of the Will - Loss of Wills stands proved - Held, petitioner is entitled to..........
Will -- Suspicious circumstances - (1) Neither original Will produced nor the loss thereof proved (2) Will registered after three years of its execution (3) Thumb impressions of testator on the Will not got compared with the admitted or his standard thumb impression (4) Original Will not even produced before Revenue authorities who sanctioned mutation on the basis of Will..........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii), Haryana Ceiling on Lands Holdings Act, 1972, Section 12 -- Application for recovery of rent pertaining to crops from Kharif 1977 to Rabi 1980 - Land declared surplus (vested in State and mutation sanctioned) allotted to tenant (who deposited first instalment of sale price) and mutation sanctioned in his favour -..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation sanctioned in favour of State regarding land declared surplus and entry regarding symbolical possession made in roznamcha - Absence of any order declaring area to be surplus - No mutation could be sanctioned - Advisable for State Government to take action against Officers who illegally sanctioned mutation...........
Punjab Security of Land Tenures Act, 1953, Section 25, Punjab Land Reforms Act, 1972, Section 21, Order declarin - - Plea that Civil Court has no jurisdiction to try the matter as land declared surplus and mutation to that effect sanctioned - Not tenable...........
U P Imposition of Ceiling on Land Holdings Act, 1960, Section 5(6), 5(1) -- Expln.I - As amended by Act No.1 of 1972 w.e.f. 24.1.1971 - Land held `ostensibly in the name of any other person' - Burden of proof that the land held by that person in his own right lies on that person - Tenure-holder alienated land by registered sale deed in favour of his sons and..........
Limitation Act, 1963, Section 27 -- Similar to Section 28 of Old Limitation Act, 1908 - Not only bars remedy but also extinguishes title - Right of redemption extinguished by lapse of time - Cannot be revived even by consent of parties - Even if mortgagee agrees to redemption, mortgagor's rights not revived - Mutation of redemption after period prescribed under Limitation..........
Adverse possession -- Defendant got suit land in exchange from ancestor of plaintiffs and in possession thereof as such - Entries in jamabandis "Ghair Maurusi Bawaja Exchange" - Mutation of exchange when not sanctioned - Exchange recorded as tenant instead of owner - Defendant in possession of land for more than 12 years at the time of riling suit - Becomes owner by..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of exchange when not sanctioned - Exchangee recorded as tenant instead of owner...........
