Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation is not evidence of delivery of possession - Delivery of actual/physical possession can be only through an order passed u/s 122 of the Act...........
Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation - Once partition proceedings have finalized and deed of partition has been prepared, sanction of mutation by revenue authorities on basis thereof cannot be held wrong - There is no illegality in sanctioning of mutation on basis of instrument of partition...........
Punjab Land Revenue Act, 1887, Section 16 -- Sanad - Can only be challenged by way of a revision petition u/s 16 of the Act before Financial Commissioner or by way of a writ petition before High Court...........
Punjab Land Revenue Act, 1887, Section 16 -- Sanad takseem - Plea of petitioner that order of Collector allowing appeals was without jurisdiction - However, he never objected to maintainability of appeals - Appeal before Collector could have been objected to after the same was filed - If such a objection had been raised it may have been held that post issuance of sanad..........
Punjab Land Revenue Act, 1887, Section 121, 122 -- Partition proceedings - Preparation of sanad taksim - Appeal - Not maintainable...........
Punjab Land Revenue Act, 1887, Section 121, 122 -- Partition proceedings - Issuance of sanad takism - Filing of appeal after issuance of sanad taksim is probably malicious and mischievous...........
Punjab Land Revenue Act, 1887, Section 16 -- Revision - Delay of 180 days - FC without condoning delay in filing revision has proceeded to set aside order passed by Collector on the ground that petitioners have been proceeded against ex-parte - However, no records were called for to verify as to whether petitioners have been rightly proceeded against ex-parte or not -..........
Punjab Land Revenue Act, 1887, Section 45 -- Revenue records - Correction of entry of mortgage in revenue record - Period of limitation - S.45 of the Act does not provide for any limitation - Limitation for a suit for declaration praying for correction of entry does not begin to run from the date a wrong entry has been made in revenue record, unless there is some over act..........
Partition -- Agricultural land - Can only be partitioned by competent authorities as per provisions of Punjab Land Revenue Act...........
Punjab Land Revenue Act, 1887, Section 13(c) -- Rejection of mutation by Commissioner - Order affirmed by Financial Commissioner - Non-application of mind by FC - It is apparent from order passed by FC that FC has reproduced the order passed by Commissioner - No specific findings have been recorded by FC and grounds of appeal have not been taken into consideration - Order..........
