Constitution of India, 1950, Article 226,227 -- East Punjab Holding (Consolidation &; Prevention of Fragmentation Act, 1948, Section 42 - East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules 1949, Rule 18 - Correction of mistake, committed by the consolidation authorities at the time of consolidation, by the Director of Consolidation after a period of..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Mistake of Consolidation Department - Correction of - Matter cannot be taken out of judicial scrutiny on the ground that the same barred by limitation - On account of double allotment landholder denied legitimate share of holding on re - partition on the ground that Khasra number..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 14, 15, 16, 17, 18, 19, 20, 21 -- Fresh consolidation after consolidation has been done once - Nothing in the Act to show that power of consolidation once exercised, the same is exhausted - Act does not prohibit holding of consolidation again - Cannot be said that only because..........
Punjab Land Revenue Act, 1887, Section 116, 16 -- Mode of partition states that possession of parties should not be disturbed - Possession of parties cannot be respected beyond their share - Co - sharer holding area in excess of his share - Excess area allocated to other co - sharers keeping in view contiguity of land and principle of consolidation - Order of Assistant..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(1) -- Distribution of shares - While framing the scheme under the Act, the entire holding of original owner is taken into consideration so as to allot him a fresh area of the equal value - The scheme or the Act does not contemplate that the loss if any during distribution should be..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949 -- Bachat land, redistribution of amongst proprietors of the village hasab rasad raqba khewat-Land taken from each proprietor by imposing a pro-rata cut on his holding with a view to meet common purpose of the village-Land left over after providing common purpose-Known as Bachat land-Does not..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44 -- Question of title to property - Jurisdiction of Civil Court not taken away by Section 44 - Suit by K for joint possession of land as Consolidation Authorities due to a mistake included land in the holding of Z who was left with no right in land and Consolidation Officer delivered..........
Limitation Act, 1963, Article 100, 65 -- Suit for possession of land on the ground that Consolidation Authorities wrongly included land in holding 'of predecessor-i, interest of defendants and Consolidation Officer delivered possession to him - Not correct that since real challenge in suit to repartition proceedings, for annulment of these proceedings in view of Article..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 26 -- Mutation regarding tenancy - Cannot be entered by Consolidation Authorities - Consolidation Officer (after completion of Scheme) only empowered to transfer rights of a tenant under existing lease to new holding - Person not entered as a tenant in revenue record prior to..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 16A - - Partition of joint holding - Joint proposal by both parties for effecting partition - Partition effected by Consolidation Authorities in terms of joint proposal - Cannot be justifiably assailed in writ proceedings - Constitution of India, 1950, Article 226...........
