Khasra Girdwari -- Correction of - Revenue Officer has to go into question of cultivating possession and not ownership - Punjab Land Records Manual, Para 9.9...........
Punjab Land Records Manual -- Para 9.9 - Correction of Khasra Girdawari - Finding of Civil Court about possession - Has to be respected by Revenue Officer - Khasra Girdawari, correction of...........
Civil Procedure Code, 1908, Section 9 -- Orders of partition passed by Revenue Officers under Punjab Land Revenue Act challenged on the ground that State being a necessary party as some of the land declared surplus in the hands of co-sharers, the State having not been impleaded in partition proceedings and in its absence orders liable to be set aside - Partition would be..........
Civil Procedure Code, 1908, Section 11 -- Challenge to partition orders passed under Punjab Land Revenue Act - Order of partition passed by Assistant Collector upheld in appeal by Collector against which revision dismissed by Commissioner - Having availed of remedy before forum of competent jurisdiction - Would be deprived from raising plea of jurisdiction - Suit hit by..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Suit challenging order of partition passed by Revenue Officers under Punjab Land Revenue Act - Once Court conies to a conclusion that suit not maintainable for inherent lack of jurisdiction of Civil Court because of bar created in law itself - Order to return plaint for presentation before Revenue Authorities - Not..........
Civil Procedure Code, 1908, Section 9 -- Once a party availed of departmental remedy and even revision dismissed and said order became final - Not open to plaintiff to assail the order on the same grounds before Civil Court - Having availed of remedy before forum of competent jurisdiction - Would be deprived from raising plea of jurisdiction - Punjab Land Revenue Act,..........
Specific Relief Act, 1963, Section 6 -- Dharamshala Killanwali (Gurudwara) entered in the revenue record as owner - Father of the plaintiff was the Manager (Mohtmin) of the Dharamshala - Death of Mohtmin - Plaintiffs came in possession of the property but dispossessed by defendants - Defendants in their written statement had alleged that property belongs to Gurudwara -..........
Punjab Land Revenue Act, 1887, Section 116 -- Naqsha Bey altered drastically without recording consent of all the parties concerned - No evidence on record about consent of parties to changes in Naqsha Bey - Partition not yet given effect to - Set aside - Naqsha Bey should be prepared afresh after hearing all parties concerned and keeping in view existing possession of..........
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..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Procedure - Endorsement is made by the Patwari that matter with regard to mutation has been put up by a particular person in the presence of the gathering - Prominent amongst the gathering are named - Presence of parties is also recorded - Only then that either on the dint of judgment and decree or on the..........