Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Claimed on the basis of two Wills in favour of different persons - Validity of Wills under challenge before Civil Court - Sanctioning of mutation to be kept in abeyance till decision of civil suit...........
Punjab Land Record Manual -- Para 7.29 - Correction by Fard badar - Khasra No. 216 described as gair mumkin pahi and khasra no. 214 as gair mumkin ruri in jamabandi - Entries got swapped mistakenly in subsequent jamabandi - 3 marla land purchased out of khasra no. 216 - Mutation sanctioned - Mistake corrected in fard badar - Challenged by purchaser on the ground that..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(6) -- Bachat Land - Jumla Mustarka Malkan Wa Digar Heqdaran Hasab Rasad Arazi Khewat - Mutation of ownership entered in name of Gram Panchayat - Challenged through Writ Petition - Land deducted from holdings of proprietors by applying pro-rata cut - Not earmarked for common purpose - Not used for common..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Opportunity to cross examination - AC Ist after recording statement of parties sanctioned mutation - Order challenged in appeal on the ground that no opportunity to cross-examine witnesses afforded - Collector accepted appeal - Commissioner in revision set aside the order of Collector holding that no written or oral..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 1 -- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47 CPC - Though..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Hindu Succession Act, 1956, Section 30 -- Testamentary succession - Widow taking life estate under disposition of husband - Widow had no competence to donate the property merely because mutation was effected - It would not lead to loss of title if plaintiff had otherwise acquired title under the Will any right to possession on death of the widow which obviously, occurred..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Sale deed executed by two brothers - Challenged by one brother after 7 years on ground of fraud & misrepresentation - Possession delivered to vendee - Mutation sanctioned in favour of vendee - The three basic ingredients for getting relief under O39 Rs 1 & 2 - Prima facie case in favour, Balance of..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Will in favour of wife and nephews - Life estate given to wife - Nephews entitled to property on termination of life estate - Mutation sanctioned in favour of wife - Gift by wife in favour of Gurudwara Sahib - Donee taking plea that as the mutation effected, widow had absolute title - Mutation would not lead to loss..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Unregistered Wills - Doubtful execution - First in favour of son, second in favour of son, daughter & wife - Execution of Wills doubtful - Where there is doubt in execution of unregistered Will it is mandatory for Revenue Officer to sanction mutation as per natural succession - Beneficiary of Will to approach civil..........
