Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........
Possession -- Revenue entries - Possession of suit land as Gair Marusi i.e. tenant at will - However, rate of rent and date of inception of tenancy not disclosed - No evidence produced to show of paying any rent - Entry of Gair Marusi in revenue record in favour of father does not in any manner clothes plaintiff with any legal right to be in possession...........
Adverse possession -- Claimed relying upon an entry of class 9 made in the year 1966 by Lekhpal - Such entry in Class 9 not made in accordance with procedure prescribed therefor in the Land Records Manual - Entry not made in red ink - Neither issuance of notice in PA 10 to the recorded tenure holder been established - Entry of Class 9 in Revenue Record rightly ignored...........
Possession -- Revenue entries - Change in entries as to possession in revenue record without giving public notice and without giving notice to the legal heirs of person shown in possession - Matter remitted to revenue authorities, who after hearing both the sides, shall decide as to who is in legal possession of the land in dispute and thereafter make relevant entry in the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction against Gram Panchayat - Revenue record shows Gram Panchayat to be owner of suit property - Even in cultivation column entry is Makbuja Malkana i.e under the possession of owner - Reliance of plaintiff on demarcation report is not sustainable, particularly, when it is not on record whether demarcation was..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - To restrain defendants from interfering in peaceful possession - Plaintiff claiming title and possession over suit land on the basis of Will - Will not seen the light of day for about ten years - Will not disclosed even during earlier litigation pertaining to same land nor produced before revenue authorities for..........
Punjab Occupancy Tenants (Vesting of Population Rights) Act, 1953, Section 5 -- Plaintiff were not recorded as occupancy tenants in revenue record at commencement of Act - Plaintiff had not acquired occupancy rights by way of agreement - Plaintiff are alleging that they had acquired status of occupancy tenants u/S.5(2) of Act on ground that they are in possession of land..........
Possession -- Entry of possession in some revenue records simplicitor does not confer any right to retain possession of property...........
Revenue record -- Entry in revenue record is a strong presumption of possession - Khasra is evidence of possession and khatauni of title - Even though presumption is rebuttable but revenue records raise a very strong initial presumption...........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Registered sale deed - Reflection in revenue record - Held, a sale deed, once registered, has to be reflected in revenue record - Where its legality is pending adjudication before a civil Court, a note shall be appended in `remarks' column of jamabandi, setting out particulars of civil suit and if stay order is in..........
