Specific Relief Act, 1963, Section 6, Limitation Act, 1963, Article 64, Punjab Tenancy Act, 1887, Section 50, 77 -- Wrongful dispossession - Recovery of Possession - Jurisdiction of Civil Courts - Tenant in possession of agricultural land - Forcibly dispossessed by a third person in collusion with landlord - Civil suit claiming possession from third person - Sec. 50 of..........
Punjab Tenancy Act, 1887, Section 50 -- Relief for wrongful dispossession or ejectment - Scope of - Sec. 50 applicable if a tenant is dispossessed of his tenancy, without his consent by landlord - Tenants can within one year from the date of dispossession institute suit for recovery of possession or occupancy or compensation from the landlord - Tenancy Act deals with the..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- (Amended in Haryana) - Joint Hindu Family Property - Challenge to the sale deed executed by the Karta - Court fee not payable on the market value mentioned in the sale deed - Court fee payable in terms of sec. 7(iv)(c) and quantified u/s 7(v) of the Act...........
Specific Relief Act, 1963, Section 37 -- Trespasser - Injunction against true owner - Plaintiff shown to be in possession in Khasra Girdawari - Owner recorded to be in possession in Jamabandi -Presumption of truth attached to Jamabandi - Plantiff in unauthorized possession - Non in settled possession - Trespasser in absence of owner - Injunction declined - Punjab Land..........
Specific Relief Act, 1963, Section 37 -- Trespasser - Injunction on the basis of possession - Evacuee property - Unauthorised occupation - Eviction proceedings under Act of 1972 - Collector ordered eviction - Appeal and writ petition dismissed - Possession taken by State - Re-occupation of property after eviction - Suit for permanent injunction on the basis of possession...........
Limitation Act, 1963, Article 16, 20, Contract Act, 1872, Section 55 -- Aggrement to sell - Suit for specific performance - Decreed - Appeal - Grant of decree for specifric performance objective on the ground of gross delay in filling of suit - Limitation of 3 years from the date fixed for execution of sale deed - suit filed within one year of last date of execution of..........
Land Acquisition Act, 1894, Section 30 -- Dispute as to apportionment of compensation - Reference to Court - Delay - Writ petition for direction L.A.C. not to disburse compensation to land owners and forward the application u/s 30 of the Act to District Judge - Sec. 30 mandates that when Collector receives an application, raising a dispute with respect to right to receive..........
Constitution of India, 1950, Article 142, Partition Act, 1893, Section 3, Civil Procedure Code, 1908, Order 20, Rule 19, Suit for partition -- Preliminary decree attained finality - Plaintiff/Bank have 83 out of 124 shares - Sale of property by public auction - Plaintiff did not seek to enforce its rights to buy the rights of the other co-sharers in terms of Sec. 3 of the..........
Limitation Act, 1963, Section 6, 7, 8 -- Person under disability - Minor - Period of limitation - Litigant is entitled to a fresh starting period of limitation from the date of cessation of disability - In no case the period extended by this process u/s 6 or Sec. 7 shall exceed three years from the date of cessation of the disability...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(1), 7(3) -- Ejectment petition - Question of title - Jurisdiction of Asstt. Collector - Petition for ejectment - Question of title raised - Commissioner remanded the matter to AC Ist with a direction to decide question of title - AC Ist ordered amendment of petition u/s 7(1) to a petition under sec. 7(3) -..........
