East Punjab Urban Rent Restriction Act, 1949, Section 2(i) -- Tenant - In the copy of Municipal House Tax Register certain persons shown as occupiers of the premises - It does not necessarily imply occupation only as tenants...........
East Punjab Urban Rent Restriction Act, 1949, Section 2(i), 13, Transfer of Property Act, 1882, Section 59 -- Mortgage created and possession given to mortgagee - Interest to be paid by mortgagor to be set off against occupation of shop by mortgagee - No recital in the mortgage deed that interest to be set off against rent - Held, it created relationship of mortgagor and..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 3 -- Allotment of plot - Permission to sell - No objection certificate - There is no provision in the Act or the rules made thereunder prohibiting the sale of the property allotted without obtaining prior permission or no objection certificate from the Administration...........
Punjab Land Revenue Act, 1887, Section 90, 91, 92(2), 15 -- Order passed by Commissioner u/s 91 - Is final by virtue of S.92(2) - No review application is maintainable against such order - The provisions are akin to O.21 CPC - Revisional powers of the Commissioner are confined to the provisions other than those in Chapter VI of the Act and in that case also limitation..........
Punjab Land Revenue Act, 1887, Section 15 -- Review - Acquiescence - A person not depositing the consideration as per terms of auction sale and withdrawing even the advance money is deemed to have acquiesced with the orders of cancellation of sale - He has no locus standi to file review against such orders...........
Punjab Land Revenue Act, 1887, Section 85 -- Auction sale - Non deposit of sale consideration in terms of conditions of sale - Sale becomes nullity on account of violation of S.85 and 88 of the Act and the sale becomes non-est in law - There is no question of confirmation of such a sale...........
Punjab Land Revenue Act, 1887, Section 158, 85, 88 -- Civil suit - Bar - If the orders passed by the authorities under the Act were non-est and nullity, void and without jurisdiction, S.158 of the Act is no bar to filing of the civil suit seeking a declaration that the order is void and non-est in the ye of law...........
Punjab Land Revenue Act, 1887, Section 85, 88, 158 -- Non compliance of conditions of sale - Mere fact that some interested person has filed a civil suit against the orders of the authorities, is no ground for not depositing auction money in time - Filing of a suit does not operate as a stay of order unless there is a specific order...........
Punjab Regional and Town Planning and Development Act, 1995, Section 44 -- Auction of land by Punjab Urban Planning and Development Authority (PUDA) - Challenge to on the ground that without holding auction on the appointed date and the specified venue, Authorities in a surreptitious manner prepared record showing acceptance of bid, which action is wholly arbitrary and..........
Punjab Land Revenue Act, Section 44 -- Successive Jamabandi entries showing one as a tenant of the other on payment of batai - Presumption has to be raised that he is a tenant - Actual payment of rent by tenant - Not necessary - Jamabandi entries are evidence of contract of tenancy...........
