Punjab Land Revenue Act, 1887, Section 16, 13, 15, 116, 118 -- Appeal in partition case - Collector remanded case to Assistant Collector 1st Grade for visiting site and finalising mode of partition afresh - Commissioner dismissed appeal saying in last paragraph: "appeal kharaj kiti jandi hai" - Copy of this order given to respondent - Later on Office of Commissioner issued..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Registered Will - Mutation sanctioned on the basis of Registered Will - Valid - Other heirs if have any grouse against Registered Will - Can go to Civil Court...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of surplus area - Challenge to surplus area by big landowner - Case pending in High Court - Two warring parties - Mutation if made out in the name of either of them - Other party will go to High Court - Best that surplus land remains mutated in the name of State which will abide by final decision of High..........
Punjab Land Revenue Rules, 1908, Rule 15(b) -- Lambardar, appointment of - Holding of land in Patti or Taraf - Necessary...........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Order of Collector appointing Lambardar upheld in appeal by Commissioner - Candidate claimed to be holding land while actually only a mortgagee as land mortgaged with him and later on mortgaged land stood redeemed - Violation of Rule 15(b) which clearly says that candidate must hold land in Patti or Taraf -..........
Punjab Land Revenue Rules, 1908, Rule 19B -- Harijan Lambardar, appointment of - Ownership of land by candidate - Not essential criteria - Ownership of land cannot be given weight - Rule 19 - B makes no mention of ownership of land in case of Harijan Lambardar...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Collector is Appointing Authority in case of Lambardar - Choice of Collector in appointment of Lambardar - Should not be interfered with unless order on the face of it appears perverse or without jurisdiction - Collector analysed comparative merits of candidates in a well reasoned order - Commissioner not..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation of inheritance - Application by widow for sanction of mutation in her and her children's favour - Nephew of deceased claiming sanction of mutation in his favour as legal heir because deceased never married and had no children - Evidence - (i) widow and deceased lived together for a number of years and had..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation - Does not confer any right - Revenue Officer to go according to prima facie facts - Procedure in respect of mutation proceedings provided by Sections 34 to 40 - On acquisition of a right by inheritance - Matter is to be reported to the Patwari who will make entry in register of mutations - Civil rights of parties..........
Punjab Land Revenue Act, Section 16, 111, 112, 113, 114, 115, 116, 117, 118 -- Revision against final partition i.e. Naksha `Zeem' - Naksha `Be' finalised at the level of Financial Commissioner and mode of partition confirmed - Some marginal adjustments made in Naksha `Zeem' because of paths - Interference in revision declined...........
