Punjab Land Revenue Act, Section 116 -- Mode of partition - Should be block - wise keeping in view quality of land - Benefit of incremental value of land near Abadi - Should be given to all co-sharers - Improvement benefit to a co-sharer - Cannot be given without the consent of other co-sharers...........
Punjab Land Revenue Act, Section 117 -- Mere pendency of proceedings in Civil Court - Should not be made the basis of stopping partition proceedings - Suit for permanent injunction for possession - Civil Court merely arbitrating on a point regarding possession and not ownership rights - No question of title involved - Civil suit no bar to partition proceedings - Wrong to..........
Punjab Land Revenue Act, Section 111, 114 -- Partition proceedings - Should be held only on the basis of latest Jamabandi - Sale deeds or Court decrees regarding ownership - Should first be given effect to by way of mutation - Ownership rights are determined as per latest Jamabandi - All co - sharers to be treated as in possession of joint land...........
Punjab Land Revenue Act, Section 116, 117 -- Question of title if involved - Should be clearly spelt out - Assistant Collector 1st Grade should either decide question of title himself as a Civil Court or he should direct the parties to get question of title settled from Civil Court...........
Punjab Tenancy Act, Section 8, 9 -- Acquisition of occupancy rights - Claim of being on the land for more than 40 years and no batai paid in respect of tenancy - Revenue entries show that all along rent payable shown as batai tihai - - Batai tihai is not a nominal rent but is highest rent chargeable - Claim that batai tihai not actually paid - Cannot be of any help...........
Punjab Land Revenue Act, Section 16 -- Lambardari revision - Collector's choice in appointment of Lambardar - Should be allowed to prevail - Commissioner in appeal upheld Collector's order appointing Lambardar - Revision petitioner younger and somewhat more educated - Not sufficient to attack choice of Lambardar by Collector - Interference in revision declined...........
Punjab Land Revenue Act, 1887, Section 116, 16 -- Mode of partition states that possession of parties should not be disturbed - Possession of parties cannot be respected beyond their share - Co - sharer holding area in excess of his share - Excess area allocated to other co - sharers keeping in view contiguity of land and principle of consolidation - Order of Assistant..........
Punjab Land Revenue Act, 1887, Section 116 -- Mode of partition - Should be adhered to while partitioning land...........
Punjab Land Revenue Act, Section 16 -- sub - section (1) and sub - sections (3) & (4) as amended by Haryana Act 12 of 1996 - Revision before Financial Commissioner, against order of Commissioner passed in revision - Sub - section (1) of Section 16 not amended - Confers plenary powers on Financial Commissioner - Financial Commissioner while exercising powers under Section..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation on the basis of order of Director Consolidation - Duty of Revenue Officer to give effect to order of Director Consolidation in Mutation Register - Any person aggrieved by order of Director Consolidation - Should challenge the order in a Court of competent jurisdiction...........
