Punjab Land Revenue Act, 1887, Section 34 -- Scope of - Does not contain a special provision regarding relevancy or admissibility of entries in mutation register or mutation order of Revenue Officer - No question of provisions of Section 34 over-riding provisions of Sections 65 and 91 Evidence Act- Bharat Singh's case, 1979 P. L. J. 82 Over-Ruled - Evidence Act, Sections..........
Punjab Land Revenue Act, 1887, Section 34 -- Entries made in mutation register by Patwari in discharge of his public duties or order passed thereon by Revenue Officer - Relevant piece of evidence - Copy of mutation - Admissible so far as factum of transaction is concerned, but not admissible to prove terms and conditions of transaction - Evidence Act, Sections 35, 91 and..........
Punjab Land Revenue Act, 1887, Section 16 -- Revision in lambardari case- Scope of - Collector's choice of Lambardar - Has to be upheld unless proved to be perverse or against Rules...........
Punjab Land Revenue Act, 1887, Section 15, 13, 16(=S, 16, 14, 17 - - Partition finally confirmed by Financial Commissioner - Order passed by Financial Commissioner cannot be interfered with or modified by subordinate Revenue Officer - Collector accorded permission to review partition mutation sanctioned by Assistant Collector 1st Grade which order confirmed by Financial..........
Punjab Land Revenue Act, 1887, Section 15(1)(c)(=S, 16(1)(c) - - Review - Principles of natural justice require that a reasonable opportunity should be given to affected parties - Denial of opportunity - Tantamounts to denial of justice - Order passed in violation of principles of natural justice - Bad in law - Mandatory requirement of Section 15(1)(c) that a reasonable..........
Punjab Land Revenue Act, 1887, Section 116(=S, 128 - - Procedure to be followed - Assistant Collector 1st Grade should visit the spot and then decide method of partition to be followed in dividing land according to respective shares of parties - A map of land to be partitioned should be prepared - A statement showing area to be divided and shares of parties should also be..........
Punjab Land Revenue Act, 1887, Section 116(, 128 - - Mode of partition - Possession of parties - Should not be disturbed as far as possible...........
Punjab Land Revenue Act, 1887, Section 117(1)(, 129(1) - - Dismissal of partition application by Assistant Collector 1st Grade as question of title involved and applicant not in possession of land - Appeal against it dismissed - Order became final as no further appeal/revision filed against it - Partition of land cannot be allowed till question of title determined by Court..........
Punjab Land Revenue Act, 1887, Section 111, 115, 117(=S, 123, 127, 129 - - Partial partition i. e Partition of a portion of joint property - Cannot be allowed without consent of parties - Application by co-owner for partition of some fields included in joint holding without including other fields (partition of one khata out of three khatas) - Cannot be allowed unless other..........
Punjab Land Revenue Act, 1887, Section 37, 36, 33(2), 44(=S, 38, 37, 34(2), 45 - - Correction of Jamabandi entries - Procedure prescribed in Act should be followed - Change effected in Jamabandi entry as the same erroneous - Correctness of entry in jamabandi cannot be allowed all of a sudden in view of presumption of truth attached to Jamabandi entries - Failure to follow..........
