Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Injunction suit - Injunction is claimed by plaintiff being a co-owner in exclusive possession of a co-owned land - Said plea can be substantiated by producing revenue record and other material - Discretionary order passed by Court refusing to appoint Local Commissioner to create evidence, does not warrant..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - High Court committed error by holding that tenant of agricultural holding becomes a trespasser after expiry period of tenancy - Moreover, procedure for eviction of tenant in occupation of building by approaching civil Court under Rent Control Act will not be applicable for evicting..........
Punjab Security of Land Tenures Act, 1953, Section 9, 14, 14A, 18 -- Ejectment - Tenancy - Tenant of an agricultural land is liable to be evicted only in manner provided under the Act, notwithstanding any contract on the basis of which tenant occupied possession of land for the purpose of cultivation - Action for eviction of a tenant can be taken before a Revenue Authority..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Conviction for - Challenge against - Authority demanding money for mutation of name of complainant in land revenue records - Complainant through evidence clearly establishing twin requirement of demand of money and acceptance of same - Complainant through evidence established that ten..........
Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, Section 14(4) -- Enquiry in respect of land holders - Appointment of Sub Divisional Officer as Enquiry Officer - Challenge - Said orders are only administrative in nature to enquire into alleged fraud on the officers, who have declared shareholders favourably on basis of fabricated revenue records - Therefore,..........
Punjab Land Revenue Act, 1887, Section 158 -- Exclusion of jurisdiction of Civil Courts - Petitioner wants to retain possession of parts of suit property which prior to partition proceedings were in his occupation and that of his vendors - Such effort is deprecated because allowing such endeavour to succeed would amount to undoing effect of S.158 of Punjab Land Revenue..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent Injunction - Plaintiff claimed to be in possession of suit property for past more than 12/14 years - On spot inspection by revenue officials Plot was transferred to plaintiff via conveyance deed - No evidences shown by defendants to prove possession over suit land - Neither any Sarpanch nor any official of Panchayat..........
Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F, Section 166B -- Revision - Suo motu revisional powers exercised after 50 years of fraudulent revenue entries made - Government allowed disputed land for housing sites in year 1991 and issued notice regarding fraudulent entry as late as in year 2004 - Suo motu revision after long lapse of time even in absence of any..........
Adverse Possession -- Appellants have been shown in the revenue record in cultivating possession and did not claim plea of tenancy - Appellant are in unauthorized possession of suit land, inasmuch, no evidence has come to record to enable them to become owners by way of adverse possession - Plea of limitation would not come to aid of appellant to claim adverse possession..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Shamlat - Dispute over identity of land - Appellate authority relied only upon statement of Kanungo that no document on record to connect present land with shamlat land owned by Gram Panchyat - Held, that consolidation scheme or the other relevant old revenue record ought to have been summoned by..........
