Punjab Security of Land Tenures Act, 1953, Section 14A(i) - - Plea of occupancy rights raised by tenant in ejectment proceedings - Assistant Collector neither required to stop ejectment proceedings nor to determine occupancy rights himself - Proviso to Section 14-A(i) to be read in consonance with Section 10 - No obligation cast on Assistant Collector in ejectment..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Compensation for improvements - No requirement of law that compensation must be granted - Tenant on the land for nearly 50 years - Not entitled to any compensation for improvements - Punjab Tenancy Act, Section 71...........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) - - Protection of occupancy rights of tenant - Failure of Assistant Collector to deal with tenant's claim of acquisition of occupancy rights - No ground for interference with orders of ejectment - Banta Singh's case 1979 P. L. J. 360 Dissected - Proviso to Section 14-A(i) does not give tenant a right to claim..........
Land Acquisition Act, 1894, Section 4, 6 -- Challenge to acquisition of land - Absence of funds available with Authorities for acquisition - Purpose of issuance of notifications could be nothing other than pegging down prices of land to date of notification under Section 4 - Exercise of power by Authorities not only colourable but also arbitrary - Notifications quashed...........
Land Acquisition Act, 1894, Section 4, 6, 9, 11 -- Acquisition of land challenged being a colourable exercise of power as the only intention behind issuance of notification under Section 4 to peg down prices of land and exercise of power arbitrary - Notification under Section 4 in July 1974, Notification under Section 6 in June 1977, no steps taken till September 1980,..........
Punjab Land Revenue Act, 1887, Section 45, 44 -- Suit by co-sharer for declaration of ownership to the extent of his share and entitlement to seek partition from Revenue Court - Jamabandi entries : (i) in column No. 4 of ownership, plaintiff recorded as owner of 1/4th share and N recorded as owner of 1/4th share ; (ii) in column No. 5 of person in occupation, entire land..........
Revenue Record -- Jamabandi, evaluation of entries - To find out ownership of agricultural land - Column No. 4 of Jamabandi to be referred to - Punjab Land Revenue Act, Section 31...........
Punjab Land Revenue Act, 1887, Section 44 -- Presumption of correctness attached to Jamabandi - No rebuttal - Entries in Jamabandi to be taken as true...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 4, 2, 3 -- Ejectment of person in unauthorised possession of shamilat deh land vested in Gram Panchayat - Application by Gram Panchayat under Sections 4 and 5 of the Act - Competent - Section 13-B of Punjab Village Common Lands (Regulation) Act does not expressly or by necessary implication..........
Punjab Security of Land Tenures Act, 1953, Section s, 14A(i), 9(1)(ii) -- Whether failure of tenant in the past to make payment of rent will not render him liable to ejectment at some later date - Ejectment application in 1976 - Rent for years 1975-76 not in arrears - Rent not paid for four crops of 1969-70 - Even on the date of application this rent due - So rent due in..........
