Punjab Tenancy Act, 1887, Section 4(5) -- Whether a person is a tenant over the land or not - Mere entry in column for cultivation of a person as tenant-at-will - Not sufficient to hold a person as tenant - Entries in column of cultivation as also in column of rent in Khasra Girdawari and Jamabandi to be read together - Blank column of rent i.e. no entry made - Means no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - suit against gram panchayat - Jamabandi entry 1969-70 favourable to Gram Panchayat - in latest Jamabandi 1974-75 Gram Panchayat does not figure at all - entries made by Gram Panchayat at in their own registered and affidavit of Gram Panchayat in regard to ownership - rightly ignored - temporary..........
Punjab Land Revenue Act, 1887, Section 44 -- Entry in Jamabandi - Presumption of truth attaches - Adverse entry, may be due to mischief committed by some petty Revenue Official in making a fictitious entry - Same should be got rectified - Failure to obtain rectification - Must suffer by presumption of truth attaching to entry in Jamabandi...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 4(3) -- Ejectment application on ground of illegal possession of land belonging to Gram Panchayat - Plea of possession of land for more than 12 years prior to coming into force of the 1954 Act -Continuous cultivating possession proved upto 1954 - Jamabandi of 1954-55 land shown in cultivating possession of Gram..........
Punjab Land Revenue Act, 1887, Section 44 -- Person in possession of land shown as tenant in Jamabandi - Name of tenant deleted in next Jamabandi - Mere change in revenue entries would not indicate that tenant physically dispossessed of land - Presumed to be in possession as a tenant till something to the contrary is alleged...........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3 - - Person shown as maroosi tenant in Jamabandi of 1945-46 - Name of tenant deleted in next Jamabandi of 1957-58 - Becomes full owner of the land under Section 3 on the date when Act came into force...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) - - Land recorded as "shamlat deh" in Jamabandi - Entry in Jamabandi that land in possession of owners "as per respective shares in khewat" - Does not detract from nature of land - Character of land remains "shamlat deh"...........
Rules for Extra Supply of Canal Water for Gardens and Orchards, Rule for - - Withdrawal of enhanced supply of water to garden - Notice to owner mentioned in revenue record - Essential - Partition of joint family land - Mutation effected and land covered by garden shown in ownership of petitioner in Jamabandi - Withdrawal of enhanced water supply without notice to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3) -- Land entered in Jamabandi prevalent at the time of enforcement of Act as shamilat owned by proprietors of a part of village community - Covered by Shamilat Deh within meaning of Section 2(g)(3) as land used for benefit of a part of village community - Vests in Gram Sabha...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5) -- Exception (viii) - Scope of - Words 'individual cultivating possession' and 'respective shares' - Sanctity attaches - Cannot be ignored - Jamabandi showing in cultivators column names of proprietors and shares held by them - Not sufficient to conclude that proprietors in actual and cultivating..........
