Adverse possession -- Possession in order to be adverse must be hostile to that of true owner - Article 65 of Limitation Act comes into play only when person in actual occupation for statutory period in denial of title of true owner - Adverse possession must commence with wrongful dispossession of rightful owner at some particular time - Must be actual, open, notorious,..........
Punjab Security of Land Tenures Act, 1953, Section s, 10A - - Dispossession wrongfully of resettled tenant from surplus area - Suit for possession in Civil Court beyond one year of dispossession of resettled tenant - Barred by limitation - A tenant wrongfully dispossessed of his tenancy by his landlord if fails to file a suit as required by Section 77(3)(g) Punjab Tenancy..........
Punjab Tenancy Act, 1887, Section 14, 77(3)(n) -- Suit for recovery of mesne profits from a person who ceases to be tenant after order of ejectment passed against him - Cognizable only by Revenue Court - Faqir Singh's case IV71 P. L. J. 146 Over Ruled - Word 'landlord' in Section 14 signify person who owns land (landowner) and not 'landlord' as defined in Section 4(6) -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Assistant Collector not empowered to permit defendant to take encroached land by paying specified amount as compensation to Gram Panchayat - No provision of any lumpsum payment being made and encroached land thereafter vesting in wrong-doer - Assistant Collector only empowered to impose a penalty in respect..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Second application - Barred by principles of constructive res judicata - Earlier application under Section 7 dismissed by Assistant Collector First Grade holding petitioner to be tenant of land and not in wrongful or unauthorised possession - Second application (after 9 years) under Section 7 for ejectment -..........
Civil Procedure Code, 1908, Section 2(12), Order 20, Rule 14 - - Recovery of mesne profits - Plaintiff-pre-emptor after obtaining decree for possession by pre-emption deposited pre-emptio, money - Became entitled to get possession of land on the day pre-emptio, money deposited - Failure of defendant-vendee to surrender possession - Defendant-vendee in1 wrongful possession..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Res judicata - Locus standi to invoke - Sub-section (1) of Section 7 grants same status or locus standi against person in unauthorised or wrongful possession of shamilat deh land to : (i) Gram Panchayat, or (ii) Block Development and Panchayat Officer, or (iii) Social Education and Panchayat Officer, or (iv)..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 43 -- Application for restoration of tenancy land - Limitation for - No period of limitation prescribed - Jurisdiction to summarily eject any person in wrongful or unauthorised possession - Vested in Collector only in cases which fall under the Act i. e. in contingencies as contained in Section 43(1) clauses (a) and..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 15, 10, 9, 5, 7 -- Order of Collector or Commissioner under the Act - Final and cannot be called in ques tion in any original suit, application or execution proceedings and no injunction can be granted by any Court - Jurisdiction of Civil Court excluded in respect of matters which Authorities..........
Northern India Canal and Drainage Act, 1873, Section 33, 35 -- Northern India Canal and Drainage Rules, Rules 32 and 33 - Penalty imposed by Canal Authorities for wrongful user of water by causing breach in canal - Suit for setting aside order imposing penalty - Governed by Article 14 and not by residuary Article 120 of Limitation Act, 1908 as Canal Authorities had..........
