Punjab Land Revenue Act, 1887, Section 123 -- Private partition - Has to be reflected in the revenue record - When not so reflected it cannot be believed...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Petitioner u/s 11 of the Act claiming ownership over disputed land - Consolidation scheme relied upon by petitioner recites that 2 Kanals of land given for house of petitioner - But in the year 1921, measurements were in bighas and not in Kanals, and therefore, said recital in document of doubtful veracity -..........
Punjab Land Revenue Act, 1887, Section 45, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte decree - Suit filed for possession - One of the defendants chose not to contest the suit and hence proceeded against ex-parte - Remaining defendants though filed written statement, but cared not to lead any evidence to substantiate the case set up in written statement - Held,..........
Wakf Act, 1954, Section 3(1), 5, 17, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Entries in Revenue Record not conclusive proof of ownership - Government Gazette Notification shows Wakf Board as owner - Jamabandi showing land as shamlat - Held, Wakf Board owner...........
Punjab Land Revenue Act, 1887, Section 17 -- Suit for partition filed by one co-sharer before Asstt.Collector Ist Grade - Other co-sharers raised dispute regarding title of land - Asstt. Collector directed parties to get the title decided from Civil Court - However, order of Asstt. Collector not a speaking order as it was bereft of reasoning as to how there was a title..........
Transfer of Property Act, 1882, Section 44, Punjab Land Revenue Act, 1887, Section 112 -- Partition - Mode of - Sale of specific khasra numbers by co-sharers - Provision made in the mode of partition for allotment of those specific khasra numbers to the concerned co-sharer who sold the same - Allotment of those khasra numbers to the purchaser treating them co-sharer to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42A, 23A -- Consolidation proceedings - Land reserved for common purposes of the village - It vests in the Gram Panchayat - It cannot be partitioned amongst the proprietors of the village - Whether the land is reserved for..........
Civil Procedure Code, 1908, Section 9 -- Himachal Pradesh Abolition of Big Landed Estate and Land Reforms Act, 1953 - Interference with revenue entry - Jurisdiction of civil court - Cloud on rights - Non-incorporation of revenue entries in Jamabandies subsequent to sale, more particularly after accepting and attesting mutation, by revenue Officials - Held, a cloud is cast..........
Punjab Land Revenue Act, 1887, Section 45 -- Institution - Mohatmin or manager - Entry in revenue records - Not only the name of Institution but also entries are normally made regarding management of the property under a Mohatmin or Manager - After the death of Mohatmin or Manager fresh mutation is required to be sanctioned - For the said purpose, however, the necessary..........
Punjab Land Revenue Act, 1887, Section 45 -- Khasra Girdawari - Correction of entries - Petitioner claiming to in possession as mortgagee and seeking correction of khasra girdawari entries which are made in the name of some other person - Petition dismissed by Financial Commissioner - Question as to who is in possession is a disputed question of fact which requires leading..........
