Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed amendment was to elaborate the defence on no subsisting landlord and tenant relationship and to take additional plea in support of the case based on revenue records, though belated, but not causing any serious prejudice to the plaintiff - Amendment allowed...........
Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d) -- Appeal against conviction - Appellant an Assistant in Tahsildar's office - Demand and receipt of Rs.48/- for mutation of name in revenue records - Defence that amount was given to him by his friend DW-1 through PW-11 to purchase oil - Defence plea not proved and unbelievable - Conviction upheld - Sentence reduced..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Demarcation report and Nakasha twafat got prepared by revenue authorities and report of Local Commissioner i.e. Field Kanungo, who was appointed by revenue authorities sought to be produced - Such evidence is subsequent to the institution of suit and is primarily based upon official records/documents..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 13 -- Scope - Revenue records showing land as being used for common purposes of Gram Panchayat - Land must be held as 'Shamilat deh' to which S.13 would apply and preclude a suit by the Wakf Board...........
Specific Relief Act, Section 38, 34, 6 -- Suit for declaration with consequential relief of injunction and further relief of possession on being dispossessed during pendency of suit - Plaintiffs claiming to be tenants threatened to be dispossessed by defendants on the basis of mutation sanctioned in pursuance of order of Collector passed under Section 18 Punjab Security of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff filed earlier suit for possession and injunction in respect of the same property - Dismissed - Plaintiff filing subsequent revenue records showing his prima facie possession of suit property - Presumptive value of those records eroded by the circumstance of dismissal of earlier suit -..........
Transfer of Property -- To get legal title it must be a transfer in accordance with the principles of Transfer of Property Act - Admissions if any on the part of the parties that a particular part was given or would be given to another will not convey any legal title over that property - Transfer of immovable property can only be by means of a registered instrument - Mere..........
Punjab Land Records Manual, Para 9 9 -- Khasra Girdawari entries, correction of - Both the parties should be heard before passing any order - Order of SDO(C) directing Revenue Officer to correct entries of Khasra Girdawari without affording any opportunity to other party - Illegal - Rightly set aside and case remanded to hear both the parties - Punjab Land Revenue Act,..........
Khasra Girdwari entries -- Person claiming to be in cultivating possession of land in dispute as gair marusi prior to partition between co - sharers - Land recorded to be in possession of owner as Khud Kasht in revenue record - Onus of bringing material on record is on the person who wants presumption to be rebutted - Note - book (used by school children) recorded that..........
Khasra Girdwari entries -- Tenant applied for correction of Khasra Girdawari - Girdawari case decided in favour of tenant on the basis of spot inspection alone - Civil Court held landowner to be in possession of land and tenant restrained from interfering in possession of landowner - After consistent decisions of Revenue Courts which resulted in ejectment of tenant from..........
