Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Sanctioned in favour of natural heir (widow of deceased) - Objection that alleged widow is not of deceased - Not tenable as only evidence of statements of witnesses belonging to one or the other faction and failure to produce documentary evidence (i.e. (i) certified copy of statement of..........
Punjab Land Revenue Act, 1887, Section 15, 12(2) -- Permission for review of mutation sanctioned by Assistant Collector 2nd Grade - No bar upon Commissioner to give permission to Assistant Collector 2nd Grade to review the mutation...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation without possession - Cannot be sanctioned...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Two Wills, one Registered Will and the other Un - registered Will - Ad interim injunction of Civil Court to maintain status quo regarding possession - Balance of convenience in favour of party who has got possession of land - Mutation should be sanctioned in their name - Civil Court judgment..........
Land Acquisition Act, 1894, Section 23 -- Mutation of sale - Cannot prove sale price of land until and unless sale deed of land is produced/proved on the record of the case...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Later suit for specific performance instituted during pendency of earlier suit for injunction - Agreement of sale provided that before execution of sale deed vendor would obtain Income-tax clearance certificate and get mutation sanctioned in his favour and send intimation to vendee well before date of execution - Vendor never..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Land of J.D. attached - Said land shown to have been transferred to minor son of judgment debtor under mutation entry without executing any conveyance - Application for raising attachment filed by minor son allowed by Court without there being any evidence of title of transferee son - Respondent had played fraud..........
Punjab Land Revenue Act, 1887, Section 44, Himachal Pradesh Land Revenue Act, 1954, Section 45 -- Legal presumption of truth attaches to entries in record of rights - Latest entry in record of rights - Presumed to be true but this entry is rebuttable one if contrary proved or a new entry lawfully substituted therefor - When variance between earlier and later entry - Later..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation sanctioned in favour of tenants on the basis of purchase allowed by Assistant Collector 1st Grade under Section 18 Punjab Security of Land Tenures Act and tenants deposited first instalment within 15 days - Mutation given effect to and entry in Jamabandi made accordingly - Plea that decision on purchase..........
Punjab Land Revenue Act, 1887, Section 16, 34, 35, 36, 37 -- Mutation of partition on the basis of family settlement - Parties entered into mutual partition on the basis of duly attested affidavits admitting therein even change of possession in accordance with mutual partition - Partition given effect to and mutation attested - A good amount of money spent by parties to..........