Punjab Land Revenue Act, 1887, Section 115, 123 -- Private partition - Must be embodied in record of rights - Private partition if not so recorded - Should be acceptable to parties - Parties in possession of respective shares of land separately since time of consolidation operations - Does not amount to private partition when arrangement not embodied in later Jamabandi and..........
Punjab Security of Land Tenures Rules, 1953, Rule 5 -- Form 'B' of reservation submitted by landowner in 1953 - Absence of verification by Patwari - Cannot adversely affect rights of landowner - Punjab Security of Land Tenures Act (10 of 1953), Section 5(3).
Once a landlord has done his part by submitting the proper form of reservation under Section 5 of the Act, the..........
Punjab Tenancy Act, 1887, Section 4(5) -- Cultivation by tenant recorded in revenue records - Khasra Girdawaris do not show payment of any rent - Absence of payment of rent or contract between landowner and tenant absolving tenant of liability to pay rent - Cannot be treated as tenant - Punjab Security of Land Tenures Act (L0 of 1953), Section 2(6) and 2(3).
Where it..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -as added by Haryana Act No. 34 of 1974 - Constitutionality of - Ultra vires - Assistant Collector conferred arbitrary and unguided powers to set aside decrees of Civil Court - Safeguard provided in sub-section (3) - Not sufficient - Enables Assistant Collector to discriminate - Assistant Collector empowered..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - No order of Civil Court or Revenue Court sought to be quashed - Writ petition praying that provisions of Act be declared to be ultra vires the Constitution - Such a relief cannot be granted.
Where in the writ petition, no order, either of the Civil Court or of the Revenue Court, is sought to be quashed, and..........
Punjab Land Revenue Act, 1887, Section 44 -- Jamabandi entries - Presumption of truth attaches - No evidence to show later entries made without authority or incorrect - Later Jamabandi entries carry presumption of truth...........
Punjab Land Revenue Act, 1887, Section 44 -- Land given as Dohli - Jamabandi entry in the name of Mahant as owner - Of no consequence - No inference that land was personal property of Mahant when land donated as Dohli...........
Punjab Security of Land Tenures Act, 1953, Section 18(4)(c) -- Amount of instalments - Not actionable claim - Partakes some traits of decree but not a decree - Can be said to be property - Gift of amount of instalments - Can be only by registered instrument.
A reading of clause (c) of sub-section (4) of Section 18 of the Punjab Security of Land Tenures Act shows that if..........
Punjab Chowkidara Rules - - Published in the Punjab Government Gazette dated 17th September, 1965 vide Home Department Notification No. GSR, 220/ CA-4/1872/S.39-A/65 dated 13th September, 1965 - Appointment of Chowkidar - Deputy Commissioner is the final authority - Revision before Financial Commissioner - Not competent - Punjab Land Revenue Act (17 of 1887), Section 16...........
Punjab Security of Land Tenures Act, 1953, Section 9A, 9, 14A - - Conditional order of ejectment - Tenant not to be disposed unless resettled - Surplus area allotted to tenant - Warrant of possession issued against tenant on failure to take possession of land allotted - Tenant remained in possession of tenancy land - Not entitled to protection of Section 9-A - Tenant..........
