Punjab Land Record Manual -- Prara 7.19 - Sale of share in shamlat land - Part of land sold in 1980 - Mutation sanctioned in 1983 - After the death of vendor in 1994, vendee claimed that entire land including share in shamlat land was also sold to him - No mention of sale of share in shamlat deh or thola deh in sale deed. Held - If a deed does not specifically mentions..........
Khasra Girdwari -- Correction of entry - Possession of party on disputed land upheld by various Civil Court decisions and stay order against dispossession - Revenue Authority cannot change entries in revenue record till final decision by Civil Court - Entries in Khasra Girdawari are to confirm the factum of possession which goes in favour of the party - Punjab Land Records..........
Punjab Land Revenue Act, 1887, Section 31, Evidence Act, 1872, Section 35 -- Punjab Land Record Manual, Para 3.79 - Roznamcha Patwari, entry in - Made by official concerned in the course of performance of his official duties - Admissible under Section 35 Evidence Act - - Cannot be said that entry made in Roznamcha of Patwari not genuine - Evidence Act, Section 35...........
Khasra Girdwari -- Entry Change in - Person recorded as lease-holder for 99 years since 1968 continuously till 1987 when lease entries changed into entries of tenancy without any notice to lease-holder or order of competent authority - Lease for 99 years of land of Smadh - Null and void - Lease-holder cannot insist to be recorded as lease-holder in revenue record - Even if..........
Khasra Girdwari -- Entry regarding possession - Revenue Officer while making entries in Khasra Girdawari Register supposed to record actual possession on the spot - Possession may not have been obtained through legal means - Even then factum of actual possession to be incorporated in revenue record - Punjab Land Revenue Act, Section 33(3) - Punjab Land Records Manual, Para..........
Punjab Land Record Manual -- Para 7.13 - 'Sehat Intkal' - Notice to interested party to appear and opportunity of hearing - Condition precedent - Sehat Intkal sanctioned without impleading adversely affected parties - Non est - Can be ignored at any stage - Chet Singh's case 1977 PLJ 228 SC Followed - Punjab Land Revenue Act, Section 37...........
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..........
Punjab Land Records Manual -- Para 7.29 - Correction in record of rights by `Farad Badar' - Revenue Officers have no jurisdiction - Only Civil Court has jurisdiction to order correction - Punjab Land Revenue Act, Section 45...........
Punjab Land Records Manual, Para 9 9 -- Khasra Girdawari correction-Spot inspection-Revenue Officer where does not record detailed spot inspection report but simply states that he visited the spot-To by treated as if no spot inspection done at all-Decision of case on such spot inspection-Untenable-Punjab Land Revenue Act, Section 36...........
