Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of surplus area - Challenge to surplus area by big landowner - Case pending in High Court - Two warring parties - Mutation if made out in the name of either of them - Other party will go to High Court - Best that surplus land remains mutated in the name of State which will abide by final decision of High..........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Order of Collector appointing Lambardar upheld in appeal by Commissioner - Candidate claimed to be holding land while actually only a mortgagee as land mortgaged with him and later on mortgaged land stood redeemed - Violation of Rule 15(b) which clearly says that candidate must hold land in Patti or Taraf -..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Collector is Appointing Authority in case of Lambardar - Choice of Collector in appointment of Lambardar - Should not be interfered with unless order on the face of it appears perverse or without jurisdiction - Collector analysed comparative merits of candidates in a well reasoned order - Commissioner not..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation of inheritance - Application by widow for sanction of mutation in her and her children's favour - Nephew of deceased claiming sanction of mutation in his favour as legal heir because deceased never married and had no children - Evidence - (i) widow and deceased lived together for a number of years and had..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation - Does not confer any right - Revenue Officer to go according to prima facie facts - Procedure in respect of mutation proceedings provided by Sections 34 to 40 - On acquisition of a right by inheritance - Matter is to be reported to the Patwari who will make entry in register of mutations - Civil rights of parties..........
Punjab Land Revenue Act, Section 16, 111, 112, 113, 114, 115, 116, 117, 118 -- Revision against final partition i.e. Naksha `Zeem' - Naksha `Be' finalised at the level of Financial Commissioner and mode of partition confirmed - Some marginal adjustments made in Naksha `Zeem' because of paths - Interference in revision declined...........
Punjab Land Revenue Act, Section 111 -- Partition - Consolidation of partition cases - Different Khewats involving different co-sharers - Cannot be consolidated...........
Punjab Land Revenue Act, Section 111 -- Partition - Has to be done Khewat - wise - If co-sharers and their shares in land exactly the same in more than one Khewat - Can be combined in one partition...........
Punjab Land Revenue Act, Section 111 -- Partition if co-sharers are different in Khewats - Cannot be combined into one even if one or some co-sharers are common...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Collector is Appointing Authority in case of Lambardar - Choice of Collector should by and large be respected - Should not be interfered with unless on face of it appears irregular or perverse...........
