Punjab Municipal Act, 1911, Section 172, 172A, 195, 195 -- Notices issued by the Committee under Section 172, 195, 195 A to remove encroachment - Plaintiff filed injunction suit against the Committee - Plaintiff should avail remedy provided under the Act - Jurisdiction of civil court is specifically barred under Section 172-A of the Act and implied barred under third..........
Civil Procedure Code, 1908, Section 9, Punjab Municipal Act, 1911, Section 172, 172A, 195, 195A -- Committee issued notice to remove encroachment - Suit for injunction - Held, jurisdiction of civil court is specifically barred u/s 172-A of the Act and implied barred under third proviso to Ss.195 and 225 of the Act...........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 -- Occupancy tenant - Rights of ownership acquired by father by virtue of Act - It will be self acquired property - Land acquired by him through pre-emption decree - It will also be self acquired property...........
Punjab Land Reforms Act, 1972, Section 21 -- Surplus area - Declared by Collector Agrarian - Not challenged before Commissioner, Financial Commissioner or writ court and it attained finality - Held, in face of S.21 of the Act, this Court cannot transcend into revenue record to determine whether land actually could have been declared surplus or not - It was for affected..........
Punjab Land Revenue Act, 1887, Section 34, 36 -- Mutation on the basis of registered sale deed cannot be refused on the ground that delivery of possession is not proved - A sale deed, once registered, has to be reflected in the revenue record - Revenue Officer cannot sit in judgment over complex and intricate rights of parties - When there is a civil suit pending..........
Punjab Municipal Act, 1911 -- Houses damaged during heavy rains due to faulty drainage system - Petitioners directed to pay compensation of 2 lacs with interest of 12% - Held, Municipal Committee has a bounden duty to develop infrastructure and to maintain it in such a manner so that the civic amenities are not disrupted in the event of rain - However, interest awarded..........
Punjab Municipal Act, 1911 -- Houses damaged during heavy rains due to faulty drainage system - Held, appellant Board is an agent of Municipal Committee, which is the principal body required to maintain and provide civic amenities to residents - M.C is vicariously liable for the acts and omissions of Appellant Board...........
Redemption of Mortgages (Punjab) Act, 1913, Section 4, 6, 12, Civil Procedure Code, 1908, Order 34, Rule 7 -- Application for redemption filed before Collector - Dismissed in default - Application for restoration also dismissed - Civil suit for redemption filed after one year of the date of order of Collector - Held, application for redemption was dismissed by Collector in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bona fide necessity - Death of landlord - L.R's allowed to amend the petition to seek eviction on ground of their own bonafide necessity - Amendment allowed - Once amendment is allowed then legal representatives can seek eviction of tenant on ground of their own bona fide necessity...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Application preferred by the State of Punjab - Petitioner has a right to contest the application - Service on the petitioner sought to be effected through affixation on the door of the house of the petitioner by chowkidar - Chowkidar stating that thumb impression, which finds..........
