Punjab Village Common Lands (Regulation) Act, 1961, Section 11, 2(g) -- Suit for declaration of title to land by Gram Panchayat - Plea of Panchayat that disputed land is `shamlat deh' - Petitioners raising objection by pleading that they are in cultivating possession of land since 1950 - Petitioner also pleaded that mutation entries were made in their favour - Mutation..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage when case was fixed for arguments - To prove Will and copies of mutation - Copy of mutation available but not produced on record - Will a registered document - No explanation as to why petitioners did not take any steps for proving the Will by leading secondary evidence - Application an..........
Punjab Land Revenue Act, 1887, Section 13, 16, 34 -- Mutation proceedings - Transfer of case - Validity - Held, justice should not only be done but it should also appear to have been done - No litigating party should be forced to go home with a grouse that he/she did not get fair trial or due opportunity to plead the case - In present case, when respondent No.7 raised an..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Sanction of mutation - Petitioner and respondent No.5 claiming entire land left behind by deceased on the basis of Will - Deceased was having four daughters also - Neither petitioner nor respondent No.5 impleaded them in mutation proceedings - Reference made by Assistant Collector, in his order that all legal heirs..........
Hindu Law -- Oral partition - Proof - Held, while existence of a joint family and possession of joint properties by family must be proved as facts preceding partition, factors such as mutation of entries in revenue records and independent exercise of rights of ownership by co-parceners on respective share must be proved as an event subsequent to partition - It is only..........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Punjab Land Record Manual, Chapter 7.16 - Registered sale deed - Validity - Jurisdiction of revenue officer - Held, mutation is a mere fiscal entry recorded by revenue officer to update revenue record and, therefore, neither confers nor divests a party of title - A revenue officer has no jurisdiction to opine as to..........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Punjab Land Record Manual, Chapter 7.16 - Entering of mutation - Prohibition as to - Held, Chapter 7.17 of Punjab Lands Record Manual cannot be invoked to prohibit a revenue officer from entering a mutation merely because possession has not been delivered...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Report of finger print expert and photographs of signatures - Held, merely because report of Fingerprint Expert was doubted by Financial Commissioner in proceedings with regard to sanction of mutation is no ground to deny prayer made by plaintiffs for bringing same on record in present proceedings i.e. suit for..........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed on ground of fraud - Fraud has to be proved on basis of oral or documentary evidence - Plaintiff failed to adduce any evidence worth the name for the said purpose - Execution of sale deed proved in terms of S.68 of Evidence Act - Mutation proceedings also decided in favour of defendant - Lower..........
Punjab Land Records Manual -- Chapter 4.23 - Tatima Shajra - Method of preparation - Held, if part of share of field has been transferred and separate possession has been taken; on book of mutation sheet and its counterfoil map of whole field is drawn and part transferred is shown as sub-number...........
