Punjab Land Revenue Act, 1887, Section 111 -- Partition - Land was partitioned way back in the year 1996 - Exchange deed indicates that allotment of land is going to be made to appellants and respondent No.4 as per their possession which is shown in Aks Shajra - Parties are in settled possession of their respective blocks of land - Mode of partition has been effected..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for mandatory injunction - Proposed amendment to seek relief of possession - Amendment sought before commencement of trial - Substratum of case of plaintiff not altered by proposed amendment - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Permissibility - Suit for declaration and injunction of certain agricultural land has been filed by plaintiffs on averment that they are in possession of disputed property - In written statement it has been specifically pleaded by defendants that plaintiffs are not in possession of suit property -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Suit for possession - Held, when none of the persons has any right, title or interest in suit properties and mutation entries in their names were bogus and fraudulent, they would not be necessary parties to suit...........
Civil Procedure Code, 1908, Order 1, Rule 10, Maharashtra Co-operative Societies Act, 1960, Section 118(5) - - Necessary party - Suit for possession - Contention of defendant that property was mortgaged with co-operative bank hence bank was necessary party - Held, if at all bank had any cause or reason to proceed against suit property that cannot be subject-matter of suit..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 20A -- Ejectment proceeding - Extension of lease by Collector - Validity - Held, Collector has no jurisdiction, while deciding an application filed u/s.7 of the Act for ejectment, to extend lease period without any resolution passed by Gram Panchayat in..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3(a), 4 -- Eviction - Unauthorized occupants - Held, persons must have entered into possession of a public premises before or after commencement of the Act without any allotment, lease or grant in order to deem him to be in unauthorized occupation...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 13A -- Shamlat Deh - Exclusion from - In Jamabandi for the year 1930-31 land was entered as Shamlat Deh Hadsab Hissa Mandarja Paimana Hakiya and in column of occupation it is mentioned as Makbuja Malkaan - No piece of land of any right holder was shown in cultivating possession and is shown as Gair Mumkin,..........
Evidence Act, 1872, Section 114(d) -- Continuity of possession - Plaintiff admittedly in possession of suit property on date of filing of suit - That state of affairs is presumed to continue unless defendant adduces evidence to show that plaintiff had vacated and delivered possession of the property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with the possession - Can be claimed in a suit for injunction, in which plaintiff has already acquired valid title...........
