Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction against defendants restraining them from interfering or forcibly dispossessing plaintiffs alleging that their predecessor - in - interest was in cultivating possession of suit land and paying rent to landowners - Earlier revenue entries in favour of predecessor - in - interest of plaintiffs - Later..........
Khasra Girdwari -- Change in - Duty of Patwari before making any change to notify in writing person or persons likely to be adversely affected - Changes so made should be attested by Lambardar or Panch of the village - Entries made in violation of Instructions of Financial Commissioner which prescribe mode for effecting changes in existing Khasra Girdawari - Shall be..........
Khasra Girdwari -- Entry regarding possession - Revenue Officer while making entries in Khasra Girdawari Register supposed to record actual possession on the spot - Possession may not have been obtained through legal means - Even then factum of actual possession to be incorporated in revenue record - Punjab Land Revenue Act, Section 33(3) - Punjab Land Records Manual, Para..........
Punjab Tenancy Act, 1887, Section 4(5) -- Tenant, status of - Khasra Girdawari entry - 'Gair Marusi Bila Lagan Bawaja Muhaiada Bai Tasdik Hui' - Status of person cannot be termed or accepted as that of a tenant...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree based on khasra girdawari entries - Khasra girdawari entries ordered to be corrected - Held, J.D. is entitled to raise objection that decree has become unexecutable on the ground that the decree holder has lost the status on which the decree was based - Contention repelled that any subsequent order or change in..........
Adverse possession -- Joint Family Property - Claim of adverse possession has to be proved by leading cogent and sufficient evidence - Mere entry in the Khasra Girdawari is not enough to prove an adverse possession over such property...........
Punjab Land Revenue Act, Section 44 -- Khasra Girdawari entries - No presumption of truth attaches - Khasra Girdawari is prepared by Patwari in discharge of his official duties - Relevant under Evidence Act, Section 35...........
Punjab Land Records Manual, Para 9 9 -- Khasra Girdawari entries, correction of - Both the parties should be heard before passing any order - Order of SDO(C) directing Revenue Officer to correct entries of Khasra Girdawari without affording any opportunity to other party - Illegal - Rightly set aside and case remanded to hear both the parties - Punjab Land Revenue Act,..........
Khasra Girdwari entries -- Person claiming to be in cultivating possession of land in dispute as gair marusi prior to partition between co - sharers - Land recorded to be in possession of owner as Khud Kasht in revenue record - Onus of bringing material on record is on the person who wants presumption to be rebutted - Note - book (used by school children) recorded that..........
Khasra Girdwari entries -- Tenant applied for correction of Khasra Girdawari - Girdawari case decided in favour of tenant on the basis of spot inspection alone - Civil Court held landowner to be in possession of land and tenant restrained from interfering in possession of landowner - After consistent decisions of Revenue Courts which resulted in ejectment of tenant from..........
