Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Dropped by Magistrate - There was no likelihood of breach of peace or a dispute regarding possession - Rather case in Revenue Court was decided by Court in favour of applicant - Magistrate rightly dropped the proceedings u/s 145 Cr.P.C - No interference warranted in it...........
Revenue entries -- Presumption of truth attached to record of rights can be rebutted only if there is a fraud in the entry or entry was surreptitiously made or that prescribed procedure was not followed - It will not be proper to rely on oral evidence vis-a-vis documentary evidence is at a much weaker level...........
Court Fees Act, 1870, Section 7(ivA), (v), (vA), (vB) -- Court fees - Suit for cancellation of sale deeds - Market value - Once it is conceded that value of land as per S.7(iv-A) Explanation of the Act is to be determined according to either S.7(v), (va) or (vb) of the Act, market value was deemed to be referable to one or other modes of determining value under said..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration and possession - Suit on the basis of copy of "Adangal extract" - Entries in the revenue record do not confer title to property nor do they have any presumptive value on title - Plaintiffs are unable to support rights claimed by them by any title deed - In absence of any document of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from using sahan land as rasta and making it into brick soiling - Revenue records show that land in dispute is public Rasta - No findings arrived at with regard to title or claim of plaintiff to land in dispute to be used by him as sahan - Moreover, if temporary injunction..........
Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of document - Document sought to be summoned by plaintiff was a public document and it could have been produced after obtaining certified copy of same - Defendant specifically denied that document in question is in their possession, thus same can be summoned from revenue Department, as same is in possession of..........
Revenue record -- Where a disputed title is involved in a suit, Civil Court has authority to deal with question as to whether entries in record of rights were correctly made or not...........
Revenue record -- Question as to whether document of title prevails or finally published record of rights - When a title holder permits the statutory authority to record a particular piece of property in the name of himself and his two brothers and statutory authority acted on such representation then such recording does not create a title...........
Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation is not evidence of delivery of possession - Delivery of actual/physical possession can be only through an order passed u/s 122 of the Act...........
Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation - Once partition proceedings have finalized and deed of partition has been prepared, sanction of mutation by revenue authorities on basis thereof cannot be held wrong - There is no illegality in sanctioning of mutation on basis of instrument of partition...........
