Punjab Land Reforms Rules,1973, Rule 9 -- Rule 9 and Note below Schedule 'A' - Evaluation of land irrigated by private Kuhl - Khasra Girdawaris show land Nehri Zamindari - Mere fact that land has a source of irrigation in a private Kuhl - Cannot be presumed that land irrigated both during Kharif and Rabi - Proper course, where Khasra Girdawaris Rabi 1970 and Kharif 1970 do..........
Punjab Tenancy Act, 1887, Section 100, 73(3)(g) -- Suit filed in Revenue Court for correction of Khasra Girdavaris and Jamabindis - Dismissed as not maintainable with observations may seek remedy by filing suit in competent Co art - Forcibly dispossessed thereafter - Suit in Civil Court for correction of entries in revenue record and for recovery of possession - Suit for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue entries show plaintiff in possession of suit land not only in up-to-date Khasra Girdawaris b at also in latest Jamabandi - Prima facie plaintiff in possession of land - Ejectment order by Assistant Collector - Plaintiff not a party to that order - No reliance can be placed on ejectment order at this stage -..........
Punjab Tenancy Act, 1887, Section 4(5), 4(6), 4(8) -- Relationship of landlord and tenant - Absence of positive evidence regarding creation of tenancy - Simply on the basis of Khasra Girdawari entries not possible to hold that person occupying land in capacity of tenant - Entries in Khasra Girdawari not sufficient to prove existence of landlord and tenant relationship...........
Punjab Land Revenue Act, 1887, Section 44 -- Khasra Girdawari entries - No presumption of truth attaches - Can be looked into as a piece of evidence in proof of possession of land - Khasra Girdawari entries are record of acts of a public servant performed in discharge of his official duties under Section 35 Evidence Act...........
Punjab Land Revenue Act, 1887, Section 116 -- Question of private partition - Private partition not incorporated in revenue record - No law that a private partition which has not been incorporated in revenue record cannot be accepted as valid in partition proceedings - Partition if incorporated in revenue records question of private partition would not arise - Specific..........
Punjab Pre-emption Act, 1913, Section 15(1)(b) -- Sale by co-sharer of specific Khasra number out of joint Khewat - Deemed to be a sale of a share out of joint land - Preemptible under Section 15(1)(b)...........
Punjab Land Revenue Act, 1887, Section 44 -- Conflict between entries in Khasra Girdawaris and Jamabandi - Khasra Girdawaris 1974-75, 1975-76 and 1976-77 show possession of P - Jamabandi 1976-77 show self-occupation of owners i. e. J - For preparation of Jamabandi 1976 77 entry made in Khasra Girdawari in Rabi 1976 could not be ignored - Entry made in Jamabandi 1976-77..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 14(1), 43A -- Assistant Collector ordered correction of Khasra Girdawari entries after issue of Notification under Section 14(1) and consolidation proceedings started - Objection that after declaration made by State Government under Section 14(1) power to correct error in revenue record..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 43A -- Scope of - Enables Authority to correct clerical or arithmetical mistake in a Scheme or order passed by it under provisions of the Act which error may have arisen from accidental slip or omission - Jurisdiction can be exercised at any time by Authority either on its own motion or..........
