Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claimed to have purchased suit land - No registered document available - Only receipt of payment and deed of conveyance written on a plain paper which was not registered - Title also claimed on basis of adverse possession - No substantial document to prove title..........
Punjab Land Revenue Act, 1887 -- Punjab Chowkidara Rules, 1876 - Chowkidar - Appointment - Held, decision of Collector in manner of appointment of menial or Class-IV employee shall not normally be subjected to any re-appraisal by appellate or revisional authority...........
Punjab Land Revenue Act, 1887 -- Appeal - Exercise of power - Held, very purpose of preferring appeal to higher forum will be lost if higher forum can only consider in case of rival candidates whether particular decision taken by appointing authority was justified or not - Point for consideration in appeal or revision which ought to include power of re-appraisal cannot be..........
Punjab Religious Premises and Land (Eviction and Rent) Recovery Act, 1997 -- Construction which had been allowed to be made during particular time when Managing Committee of both Gurdwaras were same - Right is claimed by petitioner-Gurdwara in respect of construction that have come upon property that is shown in revenue records as property belonging to Baddon Gurdwara -..........
Land revenue - - Expression `Shamilat Deh' - Held, it is not a generic definition - All types of land belonging to or entrusted to Gram Panchayat but only defines land that has come to vest in Gram Panchayat under `Shamilat Law' and S.2(g) and 3 the 1961 Act - Gram Panchayat may own, possess and manage different types of land - Land created during consolidation after..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 17(10) - - Immovable property - Sale by way of SA/GPA/WILL - Held, Chandigarh Administration may re-examine R.17 (10) of 1973 Rules contemplating unearned increase, as well restriction to sell properties before expiry of specific years, as root-cause of malice of Power of Attorneys sales - Further, Chandigarh..........
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34 -- H.P.Land Revenue Act, 1954 Declaratory decree - Res judicata - Suit for declaration as to exclusive possession as co-owner already dismissed by Civil Court and later affirmed by appellate Court - Held, once status of parties is finally determined by civil court, as to whether a person is..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5), Exception (iii), (viii) - - Shamlat deh - Exclusion from - Held, possession of Makbooza Malkan recorded in revenue record cannot be deemed to be individual cultivating possession of proprietor - In order to prove that case of appellant falls under Exceptions (iii) or (viii) of S.2(g)(5) of the Act of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(i), 13A - - Shamilat deh - Vesting of - Petitioners raised a plea that land in dispute is created by river action and is shamilat deh reserved in village subject to river action - Said plea negated without reference to revenue record - Collector's order based on an order passed under the Act of 1957 holding..........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Criminal case registered u/s.323, 324 & 149 IPC against respondent No.4 - - He was acquitted much prior to the date of inviting applications - Held, registration of said criminal case against respondent No.4 could not have been taken into consideration, particularly when offences in that case did not..........
