Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as defendant - In suit filed by plaintiff-respondent No.1 against defendant No.1-petitioner for correction of record of rights and for possession of land and for permanent injunction restraining him from changing the nature of the suit property etc. - Plea of the defendant No.1-petitioner claiming ownership of the..........
Partition -- Plea of private partition - Merely residing separately does not lead to an inference that any partition had taken place between the parties - Private partition can only be considered when it is duly reflected in the revenue record...........
Evidence Act, 1872, Section 114 -- Presumption - Revenue Record - Proof of ownership - Entries in revenue record may at times raise a presumption but does not conclusively confer title...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Sanctioned in favour of adopted son - Challenged after lapse of more than 8 years - Commissioner on trivial facts entertained hopelessly time barred matter- Also observed that in absence of adoption deed on record mutation cannot be sanctioned without proof of adoption - Adoptive parents admitting factum..........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 10 -- Allotment of land - Land allotted by Tehsildar (Sales) vide order dated 23.7.1972 - Allotment amount paid - Conveyance deed executed on 25.3.1980 in favour of allotee - Revenue record remained in the name of the Central Government - Subsequently, Addl. Commissioner allotted the said land to another person..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Jurisdiction - Additional Director Consolidation - It has no jurisdiction, whatsoever to ignore order passed by the competent civil court and also by the revenue authorities under the provisions of the Punjab Land Revenue Act, 1887 - It is not open to him to interfere and decide..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Nature and scope - Proceedings before Revenue Officer summary in nature - Important for regularisation of Land Record - Does not confer any title in property...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Contested mutation sanctioned in favour of all legal heirs - Registered Will ignored - Commissioner in appeal ordered sanction of mutation on the basis of Will - No evidence recorded while adjudicating controversy - Matter relating to land cannot be dealt in routine or cursory manner - Orders of Lower..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from interfering in joint use of electric motor connection - In revenue record plaintiff shown to be owner in possession where electric motor is installed - Held, grant of injunction restraining other co-owners from interfering with the joint use of electric motor connection is..........
