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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Punjab Security of Land Tenures Act, 1953, Section l4A(i), 9(1) - - All applications filed in Form 'L' whether under one clause or the other, while taking the clause under which relief claimed, duty of applicant to give all possible details to claim relief under that clause and to this extent all possible additions can be made by applicant by adding paragraphs in Form 'L'..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Punjab Security of Land Tenures Act, 1953, Section s, 9(1)(ii), 14A(i) -- Sufficient cause for failure to pay rent regularly - Landowners not accepting possession and status of defendants as tenants on the land in dispute during pendency of civil litigation between the parties - Nonpayment of rent till dispute pending in Civil Court gives sufficient cause to tenants -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Punjab Security of Land Tenures Act, 1953, Section 14, 9(1)(ii) - - Ejectment on the ground that tenant failed to pay rent regularly without sufficient cause - Landowners merely stated words of Form 'L' and did not give particulars and details as to for which crown or crops rent not paid or how there was delay in payment - Assistant Collector to reject ejectment..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Punjab Security of Land Tenures Act, 1953, Section 8, 2(6) -- Continuity of tenancy after death of tenant - Tenant not leaving behind any mile lineal descendant or mother or widow - Tenancy does not remain intact - Continuity of tenancy comes to end on death of such tenant - Punjab Tenancy Act, Section 4(6) and 4(7)...........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1985
Details

Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), 8 -- Area declared surplus in 1962 under Punjab Security of Land Tenures Act - Vested in State under the Act - Utilised for resettlement of eligible tenants - Any subsequent transfer of area by landowner - Illegal - Does not vest any right in purchaser...........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1985
Details

Punjab Security of Land Tenures Act, 1953, Section s, 9, 14A -- Ejectment of tenant for a fixed term. - Proceedings under Punjab Security of Land Tenures Act - Not competent - Only suit competent under Section 77(3)(e) Punjab Tenancy Act - Provisions of Section 9 enacted only to provide security of tenure to tenants covered under Section 41 Punjab Tenancy Act - Not..........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1985
Details

Punjab Security of Land Tenures Act -- Idea behind provisions of Act - To protect interest of tenants qua landowners - Not to deny rights to tenants already vested in them under Punjab Tenancy Act...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Punjab Security of Land Tenures Act, 1953, Section s, 9(1 - - Ejectment application by mortgagee with possession on ground of small landowner - Tenant on land prior to mortgage - Mortgage a transfer in terms of Section 56 Transfer of Property Act and to be ignored in the light of Section 6 of the Act - Right of tenant to hold land as a tenant not affected by mortgage -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1985
Details

Transfer of Property Act, 1882, Section 58(f), 59 -- Mortgage by deposit of title deeds (also known as equitable mortgage) - Not compulsorily registrable - No writing necessary - Parties if choose to put agreement with regard to transaction, of mortgage by deposit of title deeds, in writing, that document will exclude all other evidence unless registered - Document in..........

FINANCIAL COMMISSIONER HARYANA J

Year of decision: 1985
Details

Punjab Security of Land Tenures Act, 1953, Section s, 9A - - Cultivation by brother as tenant - Ejectment on ground of small landowner - Brother acting as tenant - Cannot claim benefit of Section 9-A - Not entitled to resettlement on land from common pool - Punjab Security of Land Tenures Rules, 1956 - Rule 21...........

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