Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Proof - Held, merely on the basis of entry of mutation, which was never sanctioned, it cannot be said that there was any private partition among co-sharers of total joint land - Non-sanctioning of mutation regarding alleged private partition and no, reflection thereof in revenue record for five long decades..........
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held,..........
Evidence Act, 1872, Section 34 -- Bahi entries - Disputed Bahi entries bearing revenue stamps - But some other entries not bearing revenue stamp - Held, same is irrelevant for deciding the lis...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3) -- "Shamilat deh" - Held, S.2(g)(3) of the Act provides that "shamilat deh" includes lands described in revenue records as Shamilat, Tarafs, Pattis, Pannas and Tholas and used according to revenue records for benefit of village community or a part thereof or for common purposes of village...........
Punjab Land Revenue Act, 1887, Section 42(2) -- Brick earth - Whether brick earth which belongs to the private owners, which is a minor mineral would vest in the appellant-State? - Entry in wazib ul arz when translated in English showed that there was no old building, nazul land, mine stone, coal, etc. in village and in future, any such thing if discovered then, it would..........
Punjab Land Revenue Act, 1887, Section 158 -- Brick earth - Jurisdiction of civil court - Declaratory suit with consequential relief of permanent injunction restraining appellant-State from assessing, levying or recovering royalty on brick earth - Maintainability - Held, once notice has been found to be beyond the four corners of the Land Revenue Act then suit would be..........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Choice of Collector - Interference with - Held, choice of Collector in the matter of appointment of village Lambardar is final and should not normally be interfered with unless and until Collector has taken a perverse view or has not exercised his choice judiciously or where order discloses a lack of..........
Transfer of Property Act, 1882, Section 123, Consent decree -- Oral gift - Validity of - Alleged oral gift pertained to June 1954 - Revenue entries clearly demonstrate that possession of plaintiff as owner being in cultivating possession continued to be recorded till the year 1976 - Held, alleged oral gift made in year 1954 without possession would remain ineffective..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Delhi Land Reforms Act, 1954, Section 185 -- Land to which DLR Act is applicable - Jurisdiction of Civil Court - Held, no suit for ejectment and/or possession in respect of land to which DLR Act is applicable, is maintainable before Civil Court, as the remedy lies before the `Revenue Assistant' in this regard -..........
Punjab Land Revenue Act, 1887, Section 34 -- Sanction of mutation - Validity - Respondent No.4 was recorded owner and she sold land in litigation to respondents No.5 and 6 for a valuable consideration of Rs.15,20,000/- by means of registered sale deed - Petitioner did not deny execution and consideration amount of sale deed in question - He claimed that respondent No.4 was..........
