Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction claiming to have taken land on lease 13/14 years ago and thereafter in forcible possession of land and defendants recorded as owners in revenue record trying to dispossess plaintiff forcibly and illegally - Plaintiff inducted as lessee by participating in public auction - Successful bidder in public..........
Adverse possession -- Plaintiff inducted as lessee of land by participating in public auction - A lessee would continue to be lessee unless contrary is shown by positive documentary and oral evidence - No kind of evidence except the fact that possession continued to be shown as that of plaintiff - No entry in revenue record that shows plaintiff to be trespasser on the..........
Hindu Law -- Joint family property - Merely because some of the properties continue to stand in the name of plaintiff in the revenue records that by itself cannot lead to the conclusion that the property purchased by any one member of the family necessarily be a part of the joint family property particularly when there is evidence on record that the person who purchased..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Declaration that applicant is owner in possession of land in dispute and entries in revenue record liable to be corrected - No jurisdiction with Collector to give such a declaration either under Punjab Village Common Lands (Regulation) Act or under any other provision of law - Individual cannot seek..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of execution of order passed by Revenue Court - Civil Court would be reluctant and slow to interfere - When a person is taking possession in accordance with law - Improper to attract provisions of Order 39 Rules 1 and 2 - Defendant should not be restrained from executing orders of Revenue Court...........
Civil Procedure Code, 1908, Order 39, Rule I - - Earlier order of Court directing the parties to maintain status quo regarding possession - Subsequently order modified that order of status quo will not put any hindrance in the proceedings pending before Revenue Authorities - Plea that dispossession in execution of order of Revenue Authorities not permissible as only..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of a person as a defendant without consent of plaintiff - Only in exceptional cases - Court where finds that addition of new defendant is necessary to, effectively adjudicate the matter in controversy between the parties - Even without consent of plaintiff such a person can be added as a party - Suit for directing..........
Punjab Land Revenue Act, 1887, Section 16, 34, 35, 36, 37 -- Mutation of partition on the basis of family settlement - Parties entered into mutual partition on the basis of duly attested affidavits admitting therein even change of possession in accordance with mutual partition - Partition given effect to and mutation attested - A good amount of money spent by parties to..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118 -- Naksha `Bey' - Should take into consideration the layout of the land, contiguous holdings of the parties and location of their sources of irrigation - Ground level position should be appreciated - Sources of irrigation of parties - Should be given due regard - Land should be allocated keeping..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116 -- Mode of partition provided for keeping possession intact (Kabja Bahal) - Correction of Khasra Girdawari during pendency of partition proceedings - Cannot be taken as a reliable para-meter for determining possession...........
