Punjab Land Revenue Act, Section 44 -- Adverse entry in Jamabandi - Should be got rectified - Failure to obtain rectification - Must suffer by presumption of truth attaching to entry in Jamabandi...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26 -- Once vendee satisfied that vendor a big landowner - Question as to in what manner Revenue Court decided surplus area case of landowner - Outside the domain of Civil Court - Within jurisdiction of Collector to decide surplus area case of landowner - Any aggrieved person can file a review application/petition and..........
Demarcation of land -- Financial instructions - Revenue Officer to demarcate land in accordance with said instructions as demarcation of land is a statutory function of a quasi judicial nature - Report must show that all precautions which are required to be taken as per the instructions were taken...........
Demarcation of land -- Financial instructions - Enumerated - Financial instructions issued by Financial Commissioner, Punjab vide powers u/s 100 of Punjab Land Revenue Act are applicable to H.P. (H.P. Land Revenue Act, 1954, S.106, Punjab Land Revenue Act, 1887, S.100, Punjab High Court Rules and Orders. Vol.1 Chapter 1-M...........
Specific Relief Act, Section 38, 34, 6 -- Suit for declaration with consequential relief of injunction and further relief of possession on being dispossessed during pendency of suit - Plaintiffs claiming to be tenants threatened to be dispossessed by defendants on the basis of mutation sanctioned in pursuance of order of Collector passed under Section 18 Punjab Security of..........
Limitation Act, 1963, Article 113 -- Possession of plaintiffs being threatened in the garb of mutation but basic suit for relief of injunction - On date of institution of suit plaintiffs being disturbed from possession in execution of order of Collector passed under Section 18 Punjab Security of Land Tenures Act in pursuance of which mutation sanctioned - Cause of action..........
Punjab Land Reforms Act, Section 11, 8, 9, 10 -- Order of allotment passed prior to taking possession of surplus area from landowner - Will not make order of allotment illegal - Order of allotment will become effective only after landowner is dispossessed of surplus area in accordance with law as envisaged by provisions of the Act - Landowner's plea that he cannot be asked..........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Stay of partition proceedings - Mutation sanctioned on the basis of Civil Court decree - Genuineness of registered Will and Civil Court decree challenged by way of suit and Court ordered parties to maintain status quo and not to alienate share of deceased - Not for Revenue Officer to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff filed earlier suit for possession and injunction in respect of the same property - Dismissed - Plaintiff filing subsequent revenue records showing his prima facie possession of suit property - Presumptive value of those records eroded by the circumstance of dismissal of earlier suit -..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Restraining defendant from interfering in cultivating possession of plaintiff - Entries in revenue record clearly establish plaintiff as owner in possession of the land till 1976 - Dispute with effect from 18.10.1976 when for the first time entry has been changed in the name of defendant - Well settled that change..........
