Punjab Land Revenue Act, 1887, Section 16, 34 -- Mutation of Inheritance on the basis of presumed death - Having not heard for over seven years - Land should not be mutated in favour of heirs, untill and unless it is proved beyond reasonable doubt, that a person is no longer alive - Mutation declined...........
Punjab Land Record Manual -- Prara 7.19 - Sale of share in shamlat land - Part of land sold in 1980 - Mutation sanctioned in 1983 - After the death of vendor in 1994, vendee claimed that entire land including share in shamlat land was also sold to him - No mention of sale of share in shamlat deh or thola deh in sale deed. Held - If a deed does not specifically mentions..........
Punjab Land Revenue Act, 1887, Section 36 -- Correction of Khasra Girdwari - Land owner died issue less - Application for correction of Khasra Girdwari - Spot inspection by AC IInd grade to verify cultivating possession - Found no person in effective and settled possession - Dispute regarding mutation/succession pending - Mutation of inheritence sanctioned in favour of..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Sanctioned in favour of adopted son - Challenged after lapse of more than 8 years - Commissioner on trivial facts entertained hopelessly time barred matter- Also observed that in absence of adoption deed on record mutation cannot be sanctioned without proof of adoption - Adoptive parents admitting factum..........
Transfer of Property Act, 1882, Section 54 -- Nature of transaction - Nominal sale deed - Plaintiff took loan of Rs. 400/- - Sale deed executed as surety in favour of Defendant - Agreement with regard to reconveyance of property on repayment of loan amount within 3 years also executed - Plaintiff failed to repay the loan - Mutation of property entered in favour of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 - - Collector had come to categoric finding that the land in question was shown as the ownership of the Nagar Panchayat from 1962-63 and that Nagar Panchayat has been in possession of the said land - The mutation sanctioned in favour of Gram Panchayat having not been challenged, the petitioner estopped from..........
Limitation Act, 1963, Article 59 -- Limitation - Starting point - Mutation - Starting point of limitation is from the date of knowledge of sanctioning mutation and not from the date of sanctioning of mutation...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 2, Rule 2 -- As security of loan, sale deed executed on 5.5.1953 - Oral agreement that on return of loan amount re-conveyance deed shall be executed - Entire loan amount paid on 25.3.1987 - Suit for declaration of title and injunction filed on 26.8.1996 - Suit for mere declaration is not..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Nature and scope - Proceedings before Revenue Officer summary in nature - Important for regularisation of Land Record - Does not confer any title in property...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Contested mutation sanctioned in favour of all legal heirs - Registered Will ignored - Commissioner in appeal ordered sanction of mutation on the basis of Will - No evidence recorded while adjudicating controversy - Matter relating to land cannot be dealt in routine or cursory manner - Orders of Lower..........
