Transfer of Property Act, 1882, Section 105 -- Rent - Leasehold plots of Railway - Fixation of rent - Expert body fixed rates by following principles and guidelines laid down in circular for determination of valuation of plots - Railway authorities used valuation of land fixed by Revenue authorities and also took into consideration many other factors - No allegation of..........
Punjab Land Revenue Act, 1887, Section 16, Punjab Land Revenue Rules, 1908 -- Appointment of Lambardar - Choice of Collector - In the matter of selection of Lambardar, the choice/order of the collector should not be interferred with, unless it contain some irregularity, perversity or patent error - Where collector has made the selection of Lambardar after due enquiry,..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Consolidation of Holdings Act, 1954, Section 49, Specific Relief Act, 1963, Section 14 -- Agreement to sell agricultural land - Specific performance suit - Bar of jurisdiction of Civil Court pleaded - Suit resisted by defendant's son on plea that lands were jointly owned as members of joint family - Suit lands..........
Land Acquisition Act, 1894, Section 3(c), 4, 5A, 6 -- Maharashtra Land Revenue Code, 1966, Section 247 - Land acquisition - Order passed by the Sub Divisional Officer cancelling the Section 4 Notification - Held that the Sub Divisional Officer exercising the power of Land Acquisition Officer hearing the objections u/S.5A of the Act has no adjudicatory powers with regard to..........
Land Acquisition Act, 1894, Section 18, 30 -- Land acquisition - Compensation - Market value - Reference Court determined market value of acquired land and recorded finding that appellant was having ownership right on acquired land - High Court modified compensation amount and held appellant entitled for compensation only to extent of lease hold interest in acquired land..........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition proceedings whether can continue during pendency of civil suit - Neither any reference to nature of civil suit nor any specific order of Civil Court staying proceedings of partition - Failure to establish that question of title involved and yet to be decided - No need to stay partition proceedings - Partition..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner in appeal substituted his preference for appointment of Lambardar not because of any perversity or infirmity in the order of Collector but because of his opinion that other candidate is more meritorious candidate - Case covered by 2000 (2) PLJ 469 DB - Order of Commissioner set aside...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Order of Collector in lambardari cases should not ordinarily be interfered with unless there is some perversity or serious shortcoming in it - If proper procedure has been followed and Collector has taken into account all evidence placed before him - Choice of Collector ought not to be set aside simply..........
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..........
