Punjab Security of Land Tenures Act, 1953, Section 9(1)(v) -- Ejectment for not cultivating land properly - Allegation by landowner that tenant destroyed garden over the land - Garden shown in Jamabandi of 1967-68 but in Khasra Girdawari of 1972-73 no garden shown - Trees can in fact fall and if certain trees die - Cannot be inferred that tenant destroyed the trees...........
Punjab Land Revenue Act, 1887, Section 37, 45, 15, 16 -- Correction of mutation entry - Mutation entry incorporated in Jama-sandi - Parties should be left to approach Civil Court - Illegal transaction when reflected in mutation entry incorporated in Jamabandi - Revenue Authorities cannot ignore - Empowered to delete such entry...........
Punjab Land Revenue Act, 1887, Section 18, 34, 35, 36, 37, 45 -- Review of mutation - Mutation stood incorporated in Jamabandi - Hands of Revenue Officers get tied - Objection that mutation proceedings not finalised when entry incorporated in Jamabandi - Not tenable - Remedy of aggrieved party - Decree from Court of competent jurisdiction...........
Himachal Pradesh Land Revenue Act, 1954, Section 45, Punjab Land Revenue Act, 1887, Section 44 -- Entries in Jamabandi - Fall within purview of record-of-rights - Presumed to be true...........
Punjab Land Revenue Act, 1887, Section 44 -- Jamabandi entries - Presumption of truth attaches - Not conclusive - Can be disproved by reliable evidence...........
Punjab Land Revenue Act, 1887, Section 15 -- Review of mutation already incorporated in Jamabandi - Should not be done - Punjab Land Records Manual, Para 7.30...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of Shamilat Deh which came to be included within municipal limits - Sanction of in favour of Municipal Committee under Rule 3 of Punjab Gram Panchayat Rules - Punjab Wakf Board claiming property as wakf property on the basis of entries in Jamabandi Columns Nos. 5 and 6 of occupation of followers of Islam and..........
Adverse possession -- Onus - Person who claims adverse possession - Must show that from date of notice of his adverse possession to rightful claimant he has been in continuous possession for a period of 12 years - Suit filed in 1968 for possession of part of Shamilat Deh claiming to be co-sharer as shown in Jamabandi 1943-44 as also 1956-57 - Defendant shown to be in..........
Punjab Land Revenue Act, 1887, Section 44 -- Presumption attached to latest revenue record - Unless later entries shown to be incorrect, no value can be attached to entries in earlier Jamabandi - Rebuttal of presumption attached to entries in later Jamabandi by entries in earlier Jamabandi - Cannot be done simply by production of a copy of earlier Jamabandi - Evidence must..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Ejectment - Payment of rent essential to create relationship of landlord and tenant - Jamabandi and Khasra Girdawari in column of ownership name of J is shown, in column of cultivation B entered as tenant-at-will and in column of rent no entry is made i.e. left blank, which means B not paying any rent - Ejectment..........
