Punjab Land Revenue Rules, 1908, Rule 27 -- Working as Sarbrah - Quality of performance - Relevant consideration - Arrears in collection of land revenue in village - Existence of Sarbrah of little assistance to Government if its land revenue is not collected...........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of- Collector ordered appointment of Lambardar ex parte because counsel for other candidate had sought several adjournments - Order should not have been passed at the back of other party - Collector should have heard the other candidate personally or through..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11, 4(1) -- Question whether property or any right or interest therein is or is not Shamilat Deh vested in Gram Panchayat - Civil Court has no jurisdiction to decide - Share of evacuees in Shamilat land of village from which Muslims had migrated - Does not vest in Custodian - Ownership of such land of Gram..........
Adverse possession -- Adverse possession by co-owner - Revenue record in ownership column proprietorship of Pana Pinqal and in column of cultivation Basreh Parta Dehi - Plaintiffs and defendants co-owners- Non-payment of rent by plaintiffs - Would not make them owners by adverse possession - Mere no, participation in rent and profits of land by a co-sharer - Does not..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition - Shamilat land belonging to proprietary body Two well-recognised modes of partition : (1) on the basis of land revenue payable by each owner called 'Hasab Zar Khewat'; and (2) on the basis of land owned by each proprietor called 'Fasab Rasad Khewat'- Any co-sharer or proprietor in joint..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance on the basis of Will - Dispute between u, registered Will and registered Will - Un - registered Will executed subsequent to registered Will - Mere fact that u, registered Will executed later in point of time- No ground to hold u, registered Will as a genuine document- U, registered Will..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 4, 158(2), Civil Procedure Code, 1908, Section 9 -- Partition - Agricultural land converted into residential plots and houses constructed thereon and proved to be Abadi - Does not fall within definition of land - No jurisdiction with Revenue Officer to partition such land as it ceased to be..........
Adhlapi tenure -- A man who sinks a well in land which does not belong to him with owner's permission - Becomes proprietor of half the land which it commands - Very commonly cultivates or arranges for cultivation of whole of land, takes half of proprietor's share of produce, and pays half the land revenue - Punjab Settlement Manual by Douie, Para 173...........
Partition -- Whenever it is proved that partition in fact did take place and given effect to and accepted by parties for sometime - Normally then that partition is to be given effect to - Party to partition cannot be allowed to back out of it except for justifiable grounds - Family partition and parties entered into separate possession of their respective portions in..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - question as to whether the defendants were able to discharge the burden of proving the ownership by adverse possession or rebutting the entries in the revenue records - concurrent finding - is a finding of fact and is not open to challenge in second appeal...........
