Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance on the basis of Will - Revenue Officer has no option but to rely on registered Will - Not the function of Revenue Officer to adjudicate upon intricate question of genuineness or otherwise of registered Will - Such a question should be left to Civil Court to decide...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance on the basis of Will - Dispute between u, registered Will and registered Will - Un - registered Will executed subsequent in point of time- Mere recital in u, registered Will that registered Will had been cancelled - Cannot conclusively prove execution of u, registered Will - Only goes to prove..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance on the basis of Will - Dispute between u, registered Will and registered Will - Un - registered Will executed subsequent to registered Will - Mere fact that u, registered Will executed later in point of time- No ground to hold u, registered Will as a genuine document- U, registered Will..........
Punjab Land Revenue Act, 1887, Section 16, 34, 35, 36, 37, Himachal Pradesh Land Revenue Act, 1954, Section 17, 35, 36, 37, 38 -- Challenge to sanction of mutation of inheritance - Plea that petitioner neither served with any notice about mutation proceedings nor heard at any stage by Revenue Officer - Objection that petition time-barred and revenue entries since..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation sanctioned in favour of State regarding land declared surplus and entry regarding symbolical possession made in roznamcha - Absence of any order declaring area to be surplus - No mutation could be sanctioned - Advisable for State Government to take action against Officers who illegally sanctioned mutation...........
Adverse possession - - Removal of name of absentee co-sharer from revenue records at the instance of other co-sharers in possession of land - Does not amount to overt act amounting to ouster and commencement of adverse possession of other co sharers in possession - Correctness of rule of law laid down in Amar Singh's case A. I. R. 1937 Lahore 890 Doubted - Mere attestation..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of a negative decree i. e. finding recorded in a suit which failed - Not permissible -Before Revenue Authorities decide to attest mutation of the basis of Civil Court decree there must be a clear finding in favour of a person who claims the right...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Attestation of mutation of ownership in favour of mortgagee as mortgagor's suit for redemption dismissed by Civil Court - Not permissible - Finding in the suit that mortgagor lost his right to redeem mortgaged property - No finding or decree given in favour of mortgagee holding that he has become owner - Only after..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11 - - Matters which Commissioner or Collector empowered by or under this Act to determine - Jurisdiction of Civil Court barred - Collector has jurisdiction to decide claims Contemplated under Section 11 - Suit for declaration that plaintiffs and proprietors of village owners of suit land jointly and owners in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- As in Haryana State - Mutation which forms foundation of revenue record and by virtue of which land mutated in name of Gram Panchayat set aside by High Court- Land cannot be held to be in ownership of Panchayat on the basis of such mutation in proceedings under Section 7(2) - Question whether land Shamlat..........
