Evidence Act, 1872, Section 109 -- Presumption of continuity of possession - Once predecessor-i, interest of plaintiffs-respondents have been found in possession of suit property, presumption regarding continuity of possession would be in favour of plaintiffs-respondents - Since defendants could not prove either their absolute ownership or their exclusive possession of..........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Ownership of plaintiff over suit property had been duly established on record - Bank did not exercise due diligence at time when suit land was mortgaged with it by defendant - Mortgage was sought to be created after plaintiff had filed a suit for specific performance, thus, rule of lis pendence would be..........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Defendant-appellant, vide agreement to sell agreed to sell land along with its incidental rights in favour of plaintiff and also received earnest money - However, when defendant-appellant was not found interested in honouring agreement to sell, plaintiff filed his suit for possession by way of specific possession..........
Haryana Utilisation of Surplus and Other Areas Scheme, 1976 -- Clause 12 - Sale of allotted land - Resumption of land on account of no, payment of due instalments - Land allotted to allottee `B' by successors-i, interest - `B' will become owner of property only after paying entire instalments and after issuance of sale certificate by State and not merely on basis of..........
Punjab Land Revenue Rules, 1908, Rule 14, 15, 16 -- Appointment of Lambardar - Collector has not appointed Lambardar on basis of hereditary claim rather an additional benefit has been given to him only of having some kind of experience of work of Lambardar being in company of his father, who was earlier Lambardar - Petitioner might be retired personnel from Indian Navy,..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i), 14A(ii) -- Recovery of rent - Eviction - If ejectment is sought on ground of no, payment of rent, then provisions of S.14A(i) have to be invoked but in case landlord is only desirous to recover arrears of rent from tenant, then provisions of S.14-A(ii) of Act have to be resorted too...........
Punjab Security of Land Tenures Act, 1953, Section 14A(i), 14A(iii) -- Recovery of rent and eviction - In case landlord refuses to accept rent from his tenant or refuses to give receipt, tenant may, in writing, inform Assistant Collector, having jurisdiction, of this fact - Assistant Collector on receiving such application shall by written notice, require landlord to..........
Punjab Security of Land Tenures Rules, 1956, Rule 22, Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14A(iii) -- Recovery of rent - Eviction - Application for deposit of rent filed by tenant after eviction application filled by landlord - If tenant wanted to escape from application for ejectment at hands of landlord who is not accepting rent on tender, should..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 379 -- Appeal against acquittal - Tree was cut and SHO was informed on same date and recovery memo shows that wood and tractor were taken into possession - No demarcation report has been obtained to know that from which area tree was cut - Wood taken in possession/sapurdari was not produced before..........
Punjab Land Revenue (Lambardari) Rules, 1909, Rule 19B -- Lambardar - Appointment - In the instant case, petitioner is not resident of village concerned - Even, documents created by petitioner to show that he is resident of village concerned was made after submission of application for post of Lambardar - However, said aspect not taken into consideration by Collector -..........
