Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mutation entries - Entries made in mutation register by Patwari in discharge of his public duties or orders passed thereon by Revenue Officer would be a relevant evidence u/s 35 of Evidence Act - In present case, mutation in favour of executant's son was given effect to in record of rights i.e. Jamabandi of..........
Revenue Record -- Presumption - Once a jamabandi was on record it carried a presumption however weak and even a weak presumption is not rebutted preponderance of probability will tilt in favour of a person in whose favour presumption lies...........
Revenue entries -- An entry in record of rights does not confer title on a person - Entry in revenue record or jamabandi has only fiscal purpose i.e. payment of land revenue and no ownership is conferred on the basis of such entry so far as the title to the property is concerned and it can only be decided by the competent Civil Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
Agreement to sell -- Hand written - Signatures on agreement to sell admitted by defendant - Defendant got issued the stamp paper for entering into agreement to sell - Defendant also obtained copy of Jamabandi from the revenue office - Once it is proved on file that defendant himself had collected all the documents for entering into agreement to sell, the genuineness of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Specific prayer made in plaint for cancellation of mutation/jamabandi issued in favour of defendant - It is thus, incumbent on plaintiff to have impleaded State Government as a necessary party - Suit held, not maintainable, as necessary party to suit not impleaded...........
Punjab Security of Land Tenures Act, 1953, Section 9(i)(ii), 14(1)(A), Punjab Security of Land Tenures Rules, 1956, Rule 56, Punjab Land Revenue Act, 1887, Section 44, 45 -- Eviction - Respondents seeking eviction of petitioner on ground that petitioner have not paid rent without sufficient cause - Petitioners raised question about status of private respondents of being..........
Jamabandi -- In order to ascertain status of person in possession, column No.9 of jamabandi is always looked into because it will explain as to whether person in possession is tenant or otherwise...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Application of defendant for production of documents by way of additional evidence dismissed by trial Court - Defendant seeking production of certified copy of jamabandi on record - Said documents being certified copies exhibited in earlier suit is per se admissible in evidence - Moreover, such documents can be..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Accused allegedly demanded Rs.600 from complainant for a copy of jamabandi for his land - Trap was laid down and accused caught red handed - When fingers of both the hands of accused were washed in solution it turned pink - Number of currency notes also tallied and they were taken by..........
