Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Compromise entered between the co-sharers during partition proceedings - Tehsildar partitioning the joint land on the basis of compromise - Revenue Court has jurisdiction to partition land among co-sharer on the basis of compromise...........
Punjab Land Revenue Act, 1887, Section 158 -- Jurisdiction of Civil Courts - Land partitioned by Tehsildar/Revenue Officer on the basis of compromise entered into between the co-sharers - Jurisdiction of Civil Courts to set aside the said order is barred under Section 158(2) of the Act...........
Specific Relief Act, 1963, Section 12(3)(a)(b)(ii) -- Specific performance - Plea of defendant that the suit for specific performance of the agreement was not maintainable because the possession of the land has been delivered to him and the agreement to sell required registration u/S.17 of the Registration Act repelled - Held that specific performance has not been ordered..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition of joint land - Respondent proceeded ex-parte - Immediately on next date of hearing moved application for setting aside ex-parte proceedings - AC without deciding application for setting aside ex-parte proceedings, within 2 months, without preparing mode of partition called for and..........
Consumer Protection Act,1986, -- Additional evidence - Application for leading additional evidence - At appellate stage - No specific provision in Consumer Protection Act for leading of additional evidence - Forum can safely advert to the broader principles governing applications for leading additional evidence under ordinary law of land - Documents to be produced well..........
Specific Relief Act, 1963, Section 34 -- Sale deed in favour of plaintiff by power of attorney holder - After death same land sold by L.R's in favour of defendant No.1 - Power of attorney duly proved - Defendant No.1 being in possession of suit land as tenant was supposed to take caution while purchasing suit land from legal representatives - It is unbelievable that..........
Punjab Land Revenue Rules, 1908 -- Appointment of Lambardar - Harijan Lambardar - Candidature of respondent rejected by Collector on the ground that he had a medical hall, member of various committees and is too preoccupied to spare time for Lambardari services - Respondent graduate, owner of medical hall, remained sarpanch for 10 years, took military training, 300 persons..........
Punjab Land Revenue Rules, 1908, Rule 15 -- Lambardar, appointment of - Commissioner after compartative analysis of merits, appointed respondent as Lambardar - Appointment challanged on one of the ground of unauthorised occupation of panchayat land - Report of BDPO to DC mentioning 51 persons including respondent in unauthorised occupation - No proof of further action on..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 7(3) -- Eviction - Unauthorized occupation of official accommodation - Petitioner not vacating accommodation allotted to him despite that his services stood terminated - Due notice at every stage in the proceedings under the Act given to the petitioner but he chose to remain absent - Order of..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Allotment of Surplus Land - Remedy of appeal to Collector within 15 days and revision before Commissioner provided under the Act - Not availed. Held - Extra ordinary powers in revisional jurisdiction u/s 18(6) can be exercised in exceptional cases where fraud has been committed or miscarriage of justice has..........
