Punjab Land Revenue Act, 1887, Section 15 -- Review - Scope of - Power to review under the Act wide and not limited as under CPC - Commissioner empowered under the Act to review his own order & modify his finding after hearing the affected party. CPC, 1908, Sec. 114...........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Ejectment on the ground of non payment of rent - Framing of issues- Issues are framed formally when many issues are involved - Where there is solitary dispute issue need not be framed formally...........
Punjab Security of Land Tenures Act, 1953, Section 12, Punjab Tenancy Act, 1887, Section 14, Pepsu Tenancy Agricultural Lands Act, 1955, Section 9, 10 -- Rent, determination of - Sec. 12 of Act, 1953 and Sec. 9 of Act of 1955 prescribe that maximum payable rent should not exceed 1/3rd of the value of produce - Sec. 10 of Act of 1955 provides that rent may be fixed by an..........
Punjab Security of Land Tenures Act, 1953, Section 12, Punjab Tenancy Act, 1887, Section 14, Pepsu Tenancy Agricultural Lands Act, 1955, Section 9, 10 -- Determination of rent - No rents fixed between the parties - A fair rent is to be determine as provided in Sec. 14 of Tenancy Act of 1887 - Best way is to determine the rent at 1/3rd share of value of the produce which..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition of land - Objections to Naksha `Be'- Land fragmented into small pieces - Consolidation of holdings important factor while partitioning of joint land - Case remanded back to AC Ist for re-examination - AC Ist to pass final order after spot inspection...........
Easements Act, 1882, Section 13, 41 -- Easement - Acquired by grant, or of Necessity - Distinction - Easement aquired by grant - Matter of contract between parties. Parties are governed by terms of grant and not anything else. Grant may be express or by necessary implication. Does not depend upon absolute necessity. May be absolutely necessary for enjoyment of dominant..........
Land Acquisition Act, 1894, Section 18, 23, 24 -- Enhancement of compensation - Sale instances - Land acquired for establishing grain market - Collector assessed market value @ Rs. 11, 360/- per acre - Reference u/s 18 - Various sale deeds relied by claimants - Reference Court relying on sale deed Ex. P 36 enhanced market value to Rs. 64, 000/- per acre - Sale instances..........
Punjab Land Revenue Act, 1887, Section 111, 116 -- Partition - Objection that the suit regarding ownership of land pending in the Civil Court - Question of title determind and decided by the Civil Courts, attained finality - Partition proceedings to contiune...........
Punjab Land Revenue Act, 1887, Section 111, 116 -- Partition - Mode of partition finalised by AC-Ist Grade - Agreed by both the parties - Subsequently challenged by one of the parties - No locus standi to approach the Higher Revenue Authorities after giving consent...........
Specific Relief Act, 1963, Section 34, Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Suit for declaration - Limitation - Suit for declaration filed after 36 years of sanctioning of mutation - Mere entry of mutation in favour of defendant will not furnish cause of action to the file suit - Cause of action arises to plaintiff when defendant actually threatens to..........
