Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 13 -- Scope - Revenue records showing land as being used for common purposes of Gram Panchayat - Land must be held as 'Shamilat deh' to which S.13 would apply and preclude a suit by the Wakf Board...........
Clubbing of suits -- Parties in both the suits setting up title to the same land - Same cause of action - Parties same except Government also in one of the suits - If both suits are tried independently there is every likelihood of conflicting decisions - It is always safe for the Court to club both the suits. (Civil Procedure Code, 1908, S.151)...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Plaintiff purchased half share in the joint land - No specific portion of the land was transferred by the vendor - The mere fact that house tax and electricity and water bills were received in the name of the vendor does not show that he was in exclusive possession - No evidence to show partition of the joint..........
Punjab Land Revenue Act, 1887, Section 90, 91, 92(2), 15 -- Order passed by Commissioner u/s 91 - Is final by virtue of S.92(2) - No review application is maintainable against such order - The provisions are akin to O.21 CPC - Revisional powers of the Commissioner are confined to the provisions other than those in Chapter VI of the Act and in that case also limitation..........
Punjab Land Revenue Act, 1887, Section 15 -- Review - Acquiescence - A person not depositing the consideration as per terms of auction sale and withdrawing even the advance money is deemed to have acquiesced with the orders of cancellation of sale - He has no locus standi to file review against such orders...........
Punjab Land Revenue Act, 1887, Section 85 -- Auction sale - Non deposit of sale consideration in terms of conditions of sale - Sale becomes nullity on account of violation of S.85 and 88 of the Act and the sale becomes non-est in law - There is no question of confirmation of such a sale...........
Punjab Land Revenue Act, 1887, Section 158, 85, 88 -- Civil suit - Bar - If the orders passed by the authorities under the Act were non-est and nullity, void and without jurisdiction, S.158 of the Act is no bar to filing of the civil suit seeking a declaration that the order is void and non-est in the ye of law...........
Punjab Land Revenue Act, 1887, Section 85, 88, 158 -- Non compliance of conditions of sale - Mere fact that some interested person has filed a civil suit against the orders of the authorities, is no ground for not depositing auction money in time - Filing of a suit does not operate as a stay of order unless there is a specific order...........
Registration Act, 1908, Section 17 -- Sale deed written in Bahi - Sale of 6 biswas of land for Rs.594/- written in Bahi - As sale of immovable property above Rs.100/- could only be made by a registered instrument and this document is neither stamped nor registered and therefore it is inadmissible regarding the conveyance of title...........
Land Acquisition Act, 1894, Section 3(f) -- Land acquisition - Public purpose - Society managing temple - Acquisition of land for temple at instance of society - Acquisition does not fall within definition of public purpose as per S.3(f) - Such acquisition is governed by Part VII of the Act - Ss.39, 40 and 41 would be attracted to such acquisition proceedings...........
