Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation about change of ownership - Moment appeal preferred against sanction of mutation ordered by Assistant Collector IInd Grade - Mutation became contested - Appropriate course - To declare mutation as contested and remand it to Assistant Collector 1st Grade to grant opportunity to concerned parties to lead..........
Punjab Land Revenue Act, 1887, Section 16, 13, 34, 35, 36, 37 -- Mutation sanctioned by Assistant Collector IInd Grade about change of ownership - Mutation became contested moment appeal preferred - Order of sanction of mutation by Assistant Collector IInd Grade upheld in appeal and revision - Resulted in grave miscarriage of justice as mutation decided without giving..........
Adverse possession -- Co-owners - Property purchased jointly by two brothers - Mutation entry in name of both - One brother continued to cultivate it as co-owner - No evidence showing either partition of suit property or sale of share by one to the other - Ouster not proved - Co-owner not entitled to claim title by adverse possession...........
Adverse possession -- Co-owners - Long and continuous possession by itself would not constitute adverse possession - Possession of one co-sharer amounts to possession on behalf of other co-sharers unless there has been clear ouster by denying the title of other co-sharers - Mutation in the revenue record in the name of one co-sharer does not amount to ouster unless there..........
Co-sharers -- Mutation - In the name of one co-sharer - Does not amount to ouster of other co-sharer unless there is a clear declaration denying the tile of other co-sharers...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Ownership claimed on the basis of Will dated 21.2.1993 - However on the basis of Will no mutation of inheritance entered and the Will did not see the light of the day till the suit property was attached - Principle laid down in O.21.R.58(1) Proviso (b) applies as the objections are filed designedly..........
Punjab Land Revenue Act, 1887, Section 13, 16, 34, 35, 36, 37 -- Order on merit desirable in revenue cases - Amendment in appeal by way of correction of mutation number and village in head-note - Court has to take cognizance of technical shortcoming or typographical error and allow correction...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, 13, 16 -- Sanction of mutation - Correction of mutation number and village in head-note of appeal - Technical shortcoming or typographical error - Court has to take cognizance and allow correction...........
Limitation Act, 1963, Article 58 -- Suit for title - Wrong mutation entry - Starting point of limitation - Limitation to file suit is three years - Starting point of limitation is not from the day when wrong mutation entry was made but from the day when right to sue first accrues i.e. when real threat to title is apprehended...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation proceedings - Summary in nature - Element of haste involved - Shrouds mutation in suspicion - Responsibility of Revenue Officer to ensure, when parties have been contesting bitterly, that his order should not only be just but it should appear to be fair and just...........
