Punjab Land Revenue Act, 1887, Section 31, 34, Punjab Land Record Manual -- Para 7.17 and 7.19 - Mutation on the basis of sale deed - Relevancy of Possession - Vendee applied for sanction of mutation on the basis of registered sale deed - Vendee not in possession - Suit for getting possession of land purchased filed in Civil Court - In terms of Para 7.17 mutation cannot be..........
Jammu and Kashmir Prevention of Corruption Act 2006, Section 5(2), Criminal Procedure Code, 1973, Section 439 -- Bail - Illegal gratification - Patwari accepting bribe of Rs.1, 000/- for entering mutation of land - No special provision in force providing stringent provision of bail during investigation for cases under POCA - Held, that general principles governing bail u/s..........
Will -- Mutation on basis of Will - Intricate questions regarding validity of the Will and as to whether property was ancestral, in hands of the deceased, are not to be gone into by the revenue officials, while entering mutation...........
Haryana Canal and Drainage Act, 1974, Section 55 -- Change of warabandi - Claim of residue water (Jhara) - Dispute as to entitlement of Jhara settled earlier by Superientending Canal Officer (SCO) - Subsequent application for shifting of turn of water on plea of partition of land as per mutation - Application allowed by SCO - Challenged in writ. Held - (i) Earlier order of..........
Punjab Land Revenue Act, 1887, Section 16, 121 -- Partition of land - Appeal after preparation of Sanad Takseem - `Naksha Bay' not challenged - `Naksha Zeem' prepared - Sanad Taksim issued - Mutation sanctioned - Possession stands exchanged - Partition proceedings challanged after attaining finality - Appeal/Revision not maintainable once partition proceedings are..........
Limitation Act, 1963, Article 58, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Limitation - Starting point - When the right to sue first accrues - Cause of action does not arise on sanction of mutation of inheritance - Entry in revenue record does not provide any cause of action - Cause of action arises only when there is any threat to the title of the..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Punjab Land Revenue Manual -- Para 7.17 - Mutation on the basis of registered transfer deed - Delivery of possession pre-condition for sanction of mutation - Possession of suit land not changed -Transfer deed made apprantly under fake pretences - Civil suit challanging the transfer deed pending - Mutation rejected -..........
Specific Relief Act, 1963, Section 34 -- Mutation of inheritance sanctioned in the name of heir in the year 1891 - Suit for declaration challenging right to inherit estate of natural father on account of adoption of said heir filed after 100 years - Contention that cause of action arose when mutation sanctioned therefore, suit barred by limitation. Held - Mere sanctioning..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Succession to Mohatmimship - Right to Mahatmimship of Thakar Dwara/Dera claimed on the basis of registered Will and some writings by Bheikh - Objected by Respondent - Succession to Mohatmimship has to be based on custom and usage - Will shrouded by suspicious circumstances - Writings forged and fabricated - No custom..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Agreement to sell - Possession delivered - Sale deed not executed - Suit for specific performance of agreement - Vendor selling land to third person -Mutation sanctioned in favour of subsequent vendee - Compromise between vendor & the original vendee before Civil Court - Compromise decree passed - Original vendee..........
