Constitution of India, 1950, Article 226, 227, Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Respondents in unauthorised occupation of Shamlat land - Ejectment ordered - Question of title decided by the High Court - Land held to be 'Charand' falling within the definition of Shamlat Deh - Warrant of possession issued - Commissioner in appeal directed..........
Punjab Land Revenue Act, 1887, Section 116, 117 -- Partition - Question of Title - Death of one of the co-sharer in joint Khewat - Dispute between LR's of the deceased co-sharer - No question of title involved between the co-sharers inter-se - Partition proceedings not to be affected due to pendency of civil suit between LR's of one of the co-sharer...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Question of title - Ejectment from area unauthorisedly occupied - Contention that question of title not decided by Courts below as provided under the proviso to Section 7 of the Act - Title claimed on the basis of sale deed - No specific plea in reply filed regarding title - Vendor's title also not clear -..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5, 7, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Ejectment from unauthoritsed possession - Question of title - Gram Panchayat recorded as owner in jamabandi for the year 1991-92 - Ejectment ordered by Collector - Upheld by Commissioner - Petitioner claiming ownership..........
Benami Transactions (Prohibition) Act, 1988, Section 2(a), 3(1) 3(2), 4(2) -- Benami - Concurrent finding of fact that transaction is benami on consideration of oral and documentary evidence viz. (1) Appellant had paid the purchase money; (2) Original title deeds were with the appellant; (3) Appellant had mortgaged the suit property for raising loan to improve the same;..........
Civil Procedure Code, 1908, Order 23, Rule 3, Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Registration - Can be summarized as : (1) Compromise decree, if bonafide, in the sense that the compromise is not a device to obviate payment of stamp duty and frustrate the law relating to registration, would not require registration - In a converse situation, it..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Punjab Village Common Lands (Regulation) Act, 1961, Section 11 - Jurisdictio, Director Land Records - Title of land - Adjudication - Director Lands Records held that the pro rata cut, applied to the land in dispute, was excessive and the land did not vest in the Gram Panchayat -..........
Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Written statement - Amendment - Title of plaintiff denied in written statement - Defendant setting up plea of his title - Amendment sought to take plea of possession - In fact this plea is by way of counter claim - Question of limitation for entertaining counter claim does not..........
Evidence Act, 1872, Section 116, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Tenant or a person claiming through such tenant cannot deny title of landlord - A tenant cannot be permitted to change the nature of his possession - Person entering as a lessee of the Panchayat by way of a resolution, paying rent as per entries in the revenue record and..........
Specific Relief Act, 1963, Section 7, 34 -- Code of Civil Procedure, 1908 Order 20 Rule 9 - Theft of gold articles - Accused convicted - Stolen property recovered - Dispute as to custody of seized gold articles - Two persons claiming stolen property - Criminal Courts cannot decide the question of entitlement - Civil Court to decide title - Parties directed to get there..........
