Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Plaintiffs/respondents and defendant No.1/petitioner are sons and grand-sons of `B' - In jamabandi they are depicted to be joint owners as well as in joint possession of suit land including khasra No. in which disputed tube-well and electric connection in question stand..........
Land Acquisition Act, 1894 - - Jamabandi - Held, presumption of correctness attached to entry in jamabandi further strengthens by continuity of same entries for a long period...........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(viii) - - Shamilat deh - Exclusion from - Petitioner sought exclusion u/s.2(g)(viii) and 4(3)(ii) of the 1961 Act without proving on record his individual cultivating possession either on or before 26th January, 1950 or 12 years immediately prior to 22.04.1961 i.e. commencement of the 1961 Act - Held, he is..........
Civil Procedure Code, 1908, Section 9, H.P.Tenancy and Land Reforms Act, 1974, Section 104 -- H.P.Tenancy and Land Reforms Rules, 1975, Part V Suit for declaration of ownership and challenge to entries of tenancy in jamabandi - Jurisdiction of civil court - Defendant claiming it to be a dispute of tenancy and ouster of jurisdiction of civil court - Plaintiff claiming that..........
Specific Relief Act, 1963, Section 37 -- Revenue records - Suit for permanent injunction - Entries in jamabandi/revenue record - Is a rebuttable presumption - Defendants has failed to rebut that presumption and bring on record any evidence to show that they have got possession in lieu of agreement - Trial Court rightly granted injunction to plaintiffs - Suit rightly..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Banjar Qadim - Cultivating possession - Disputed land described as Banjar Qadim - Description of land Bhud in jamabandi for year 1946-47 is a stray entry and does not change nature of land which is evident from previous and subsequent jamabandies - Held, land which is Banjar Qadim cannot be said to be in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3) -- Shamilat deh - Vesting in Gram Panchayat - In consolidation proceedings nature of land in dispute was described as a Charand - In Jamabandi for the year 1958-59, names of Rakha and Bishna came in the column of cultivation - Held, it does not mean that land was never used for common purposes of village -..........
Adverse possession -- Hostile possession - Knowledge of same cannot be attributed from a stray entry in the jamabandi without any status which is smuggled into revenue record not having been made in accordance with law or without an order of Court to induct into possession and furthermore when this stray entry is contrary to the earlier entries reflected in the revenue..........
Jamabandi -- Entry as to change of possession - Held, Revenue Officer has no authority and jurisdiction to make a change in the record-of-rights save and except to the extent permissible under law and that too after due notice to the affected party, failing which no presumption is attached to such an entry...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Tenability of ejectment order passed by Appellate Authority u/s 7 of the Act - Land described as Shamlat Deh in Jamabandi - Respondent alleged that he and his predecessors had been in possession of property over 12 years prior to date of coming into force of 1961 Act - Held, crucial date when issue of..........
