Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Gair Marusi tenant - Cannot acquire status and rights of `Marusi' (occupancy tenant) - Eviction petition by Gram Panchayat - In jamabandis for the year 1962-63, 1967-68, 1997-98 ownership recorded in the name of Gram Panchayat - In the column of cultivation, predecessor of petitioner recorded as 'Gair Marusi'..........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for possession and recovery of damages on account of use and occupation of land -Plaintiffs claimed the suit land on the basis of their title - Defendants denied ownership of plaintiffs - Claimed themselves to be owner in possession of the suit land - In jamabandi status of defendants recorded as Gair Marusi tenants -..........
Punjab Panchayati Raj Act, 1994, Section 208(1)(k), Punjab State Election Commission Act, 1994, Section 41, 89 -- Unauthorised possession - Panchyat land - Disqualification from membership - Rejection of nomination papers - Election of Sarpanch - One of candidate in unauthorized possession of panchyat land - Nomination papers rejected - Election Petition - Allowed -..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3, 4, 5, 7, Punjab Village Common Lands (Regulation) Act, 1961 -- Tenant vis-a-vis unauthorised occupant - Lease of Shamlat land - Eviction of unauthorised occupant of public premises - Gram Panchayat filed ejectment petition - Occupant of land claiming tenancy at will under Gram Panchayat -..........
Punjab Tenancy Act, 1887, Section 4(5) -- Tenant, status of - Khasra Girdawari entry - 'Gair Marusi Bila Lagan Bawaja Muhaiada Bai Tasdik Hui' - Status of person cannot be termed or accepted as that of a tenant...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Long possession without any right, title, grant, lease - Such possession does not give a right to the person to retain possession against true owner and not entitled to injunction - Plaintiff claiming long possession of land as Gair Marusi, but could not show under what circumstances he got possession as Gair..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from dispossessing plaintiffs from land in a suit for declaration that defendant No. 1 is owner of suit land as recorded in Jamabandi and plaintiffs are Gair Marusi tenants of defendant No. 1, there is relationship of landlord and tenant between the parties and defendant No. 1..........
Punjab Package Deal Properties (Disposal) Rules, 1976 -- Allotment can be made to the head of a family and to applicant who was tiller of the soil - Question of cultivating possession prior to 1981 - Petitioners Commission Agents/Ahartias shown as Gair Marusi Doam only from 1983 and deposition of their predecessor - in - interest shows that he cultivated land from 1955..........
Punjab Tenancy Act, 1887, Section 4(5) -- Sub - tenant of a tenant - at - will - Not possible - Entry in Jamabandi gair marusi doam - Misleading - There can be no sub - tenant of a tenant - at - will...........
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..........
