Punjab Tenancy Act, 1887, Section 77(3)(n) -- Suit for recovery of rent - Denial by defendant of being a tenant of land in dispute under plaintiff - Jurisdiction of Revenue Court - Barred - Orders of Revenue Authorities decreeing claim - Quashed being ultra vires...........
Punjab Tenancy Act, 1887, Section 4(5) -- Tenancy - Conies into existence only when a bilateral agreement between the parties - To prove a tenant - One of the material circumstances - Liability to pay rent - Only when conclusion reached that person liable to pay rent, can it be held that person claiming to be tenant, is a tenant under landowner - Amount of rent not..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 19(b), 6(8), Punjab Tenancy Act, 1887, Section 69 -- Lessee's right to compensation in terms of Section 69 Punjab Tenancy Act - Not a condition precedent for his ejectment - Non-payment of compensation - Not a ground for staying dispossession from land - Lessee's possession becomes unauthorised the moment lease..........
Punjab Tenancy Act, 1887, Section 82 -- Review on the ground that order of Collector not in accordance with latest interpretation of law (Collector relied upon earlier decision of Financial Commissioner and did not consider latest Division Bench judgment of High Court) - Competent...........
Punjab Tenancy Act, 1887, Section 81, 83 -- Deduction of period in obtaining certified copy of order - Application made to Collector Hissar instead of Special Collector Chandigarh who decided the case - Certified copy supplied by Collector Hissar - Appeal filed without certified copy - Certified copy when received filed within limitation period - Not just to penalise..........
Punjab Tenancy Act, 1887, Section 80 -- Appeal filed by Mukhtiar - Case related to land in many districts - Power of attorney of Mukhtiar on the file covered land in another district for proceedings in surplus area cases - Representative capacity of Mukhtiar authenticated later on - Mukhtiar cannot be deemed to be unauthorised person...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i), 14A(i), Punjab Tenancy Act, 1887, Section 77(3)(e) -- Ejectment on ground of small landowner - Onus of proving a small landowner - On landowner - Onus of proving that landowner is not a small landowner - On tenant...........
Punjab Tenancy Act, 1887, Section 77(3)(e), 77(3)(n), 42, Punjab Security of Land Tenures Act, 1953, Section 9(1)(i), 9(1)(ii), 14 - - Ejectment ordered on ground of : (i) landowner being a small landowner, (ii) tenant's failure to pay rent without sufficient cause, and (iii) no, payment of arrears of rent by tenant - Portion of decree determining money liability does not..........
Punjab Tenancy Act, 1887, Section 77(3) - - Suit for ejectment under clauses (e) and (n) - Suit under clause (e) exclusively triable by Assistant Collector 1st Grade - Merely because one of the reliefs claimed falls under clause (n) in third group triable by Assistant Collector IInd Grade - Cannot be said that Assistant Collector 1st Grade has no jurisdiction to try the..........
Punjab Tenancy Act, 1887, Section 84 -- Wrong placement of onus of an issue - Plea taken at revisional stage - Onus could be displaced by taking appropriate steps within reasonable time of framing of issues - Parties aware of issues and had full opportunity to lead evidence on that score - Wrong placement of onus of issue of no consequence - Interference in revision not..........
