Punjab Land Reforms Act -- Constitutional validity of-Supreme Court in Sucha Singh's case 1977 PLJ 139 held that Act does not suffer from any of the constitutional infirmities-Plea that sub-section (7) of Section 11 ultra vires-Devoid of any merit in view of Full Bench decision in Ajit Kaur's case 1980 PLJ 354...........
Punjab Land Reforms Act, Section 7, 5 -- Objection of non-respecting of selection made by landowner under Section 5-Landowner did not give any selection despite grant of opportunity by Collector-Collector's order on the basis of record-Not to be set aside...........
Punjab Village Common Lands (Regulation) Act, Section 3, 4, 2(g) -- Land voluntarily placed at the disposal of Gram Panchayat by right-holders for management and utilising the income thereof for the benefit of village community-Does not vest in Gram Panchayat as land not given to Gram Panchayat in ownership by proprietors-Land does not fall within definition of Shamlat..........
Punjab Security of Land Tenures Act, Section 14A(i) -- Form K-1 and 9(1)(i)Landowner if after filing ejectment application in Form K-1 sells/transfers his land-Ejectment application lapses-Buyer of land transferred-Cannot step into shoes of original landowner and continue ejectment application-If buyer/transferee wants tenant to be ejectedCan file fresh ejectment..........
Punjab Security of Land Tenures Act, Section 9(1)(i), 14A(i) -- Form K-1-Eviction proceedings of a summary nature-Landowner to make declaration of his total land holdings-Must prove that he is a small landowner-Onus of proving that landowner is a small landowner-On landowner...........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Non payment of rent for the year 1978 - Ejectment of tenant - Tenant liable to pay 1/3rd of produce to tenant - Appellant was tenant for the last 50 years and never committed default in payment of share of crop - Normal probable human conduct would show that he must have paid amount - Generally, tenant is not expected..........
Punjab Security of Land Tenures Act, Section 9(1)(ii), 14A(i) -- Tenant pleaded payment of rent for all crops except for one crop due to failure of crops in that year-Subsequently during pendency of proceedings even rent for that crop paid which was not paid earlier-Finding that tenant had committed default in payment of rent-Not correct-Does not warrant ejectment of..........
Punjab Security of Land Tenures Act, Section 9(1)(ii) -- Receipt for payment of rent-Tenant not expected to demand from landlord issue of a receipt for payment of amount unless there is special contract in that behalf...........
Punjab Security of Land Tenures Act, Section 9(1)(ii), 14A(i) -- Landowner on three previous occasions made unsuccessful attempts to get tenant ejected on ground of default in payment of rent-Unlikely that tenant would commit default-Tenant acting bona fide to sustain his tenancy rights by paying rent regularly...........
Punjab Security of Land Tenures Act, Section 9(1)(ii) -- Tenant for past 50 years-Never committed default in payment of rent-Unlikely that tenant would commit default in payment of rent for one crop. Editorial Note.-1984 PLJ 527 REVERSED...........
