Punjab Security of Land Tenures Act, 1953, Section 3, 4, 24A -- Surplus land - Allotment to tenant - Validity - Land declared surplus in 1960/1980 - Surplus land allotted to tenant and purchase amount deposited in 1982 - Original owner died in 1984 and mutation sanctioned in 1986 in favour of L.R's. - Collector agrarian holding that legal heirs of original land owner..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Sought at first appellate stage - Fact of registered Will and mutation sought to be incorporated in the written statement - Omission to plead this fact which was within knowledge of party and counsel - Evidence led to prove Will but such evidence not looked into being beyond pleading -..........
Mutation -- Entries therein do not convey or extinguish any title - These entries are relevant only for the purpose of collection of land revenue...........
Will -- Suspicious circumstance - Produced for the first time for mutation after 18 years of death of testator - This is a suspicious circumstance...........
Transfer of Property Act, 1882, Section 122 -- Gift to minor - Acceptance - May be express or implied - Natural guardian can accept on behalf of the minor - As this contract between donor and donee is not for consideration, so donee can be a minor - Principle laid down under S.11 of the Contract Act that a contract with a minor is void does not apply to gifts - There can..........
Specific Relief Act, Section 38, 34, 6 -- Suit for declaration with consequential relief of injunction and further relief of possession on being dispossessed during pendency of suit - Plaintiffs claiming to be tenants threatened to be dispossessed by defendants on the basis of mutation sanctioned in pursuance of order of Collector passed under Section 18 Punjab Security of..........
Limitation Act, 1963, Article 113 -- Possession of plaintiffs being threatened in the garb of mutation but basic suit for relief of injunction - On date of institution of suit plaintiffs being disturbed from possession in execution of order of Collector passed under Section 18 Punjab Security of Land Tenures Act in pursuance of which mutation sanctioned - Cause of action..........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Stay of partition proceedings - Mutation sanctioned on the basis of Civil Court decree - Genuineness of registered Will and Civil Court decree challenged by way of suit and Court ordered parties to maintain status quo and not to alienate share of deceased - Not for Revenue Officer to..........
Transfer of Property -- To get legal title it must be a transfer in accordance with the principles of Transfer of Property Act - Admissions if any on the part of the parties that a particular part was given or would be given to another will not convey any legal title over that property - Transfer of immovable property can only be by means of a registered instrument - Mere..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale - deed - Sale by co-sharer qua his/her share-Vendee becomes co-sharer qua other co-sharers by virtue of sale - deed - Other co-sharers cannot object to sanctioning of mutation in favour of vendee - co-sharer on the ground that physical possession has not been transferred - Even..........
