Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation sanctioned in favour of tenants on the basis of purchase allowed by Assistant Collector 1st Grade under Section 18 Punjab Security of Land Tenures Act and tenants deposited first instalment within 15 days - Mutation given effect to and entry in Jamabandi made accordingly - Plea that decision on purchase..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Cannot be sanctioned in the absence of clear title - Title of party of a highly doubtful nature - No justification for changing of entries in the Jamabandi - Mutation has to follow determination of title and not precede it - Any substantive entry in Jamabandi - Has to be made in accordance with order of..........
Jamabandi -- Whereas jamabandi has a presumption of truth attached to it, the same is not true with regard to Khasra Giradwari - But it cannot be said that Khasra Girdawari has no evidentiary value whatsoever...........
Punjab Land Revenue Act, Section 114,113 -- Necessary party to partition proceedings - Impleading of - Partition of Shamilat Den land - Jamabandi in Column 4 land in all Khewats mentioned as : 'Shamilat Deh Hasab Hissa Malkiat Zail' ; in one Khewat a large number of Khasras shown as gairmumkin - pahi, Khaal, motor water supply, tutian etc., which connote that these lands..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale deed - Sale by co-sharer of specific Khasra numbers - Cultivation column of Jamabandi shows possession of all co-sharers - Co-sharer not in exclusive possession of land sold but same within share of co-sharer in the Khewat - Mutation should not be rejected outright - Patwari..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - One stray entry in the jamabandi for the year 1985-86 in favour of the plaintiff - No document to show as to how this stray entry was made in his favour - Held, plaintiff is not entitled to any injunction simply on the ground that he was not given any notice before making change in the revenue..........
Punjab Land Revenue Act, 1887, Section 45 -- Correction of entry of rent in Jama - bandi - Only Civil Court has jurisdiction to try suit for correction of entries in record - of - rights - Suit under Section 77(3) Punjab Tenancy Act for correction of entry in column of rent in Jamabandi - Not maintainable - Assistant Collector cannot correct entries pertaining to rent in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit by vendee for declaration restraining defendants from dispossessing and also from alienating suit land - Suit land purchased during pendency of appeal in which appellant and vendor - respondent entered into compromise - Question whether sale of suit land hit by doctrine of lis pendens under..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Documentary evidence i.e. certified copy of Jamabandi and birth certificate of plaintiff - Evidence of defendant not yet concluded - Application allowed...........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation of inheritance on the basis of Registered Will - Incorporated in latest Jamabandi - Civil Court set aside Registered Will - Appeal pending and judgment of lower Court stayed - Correct procedure to safeguard interest - Entry should be made by Halqa Patwari in Rapat Roznamcha relating to decree and stay along with..........
