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..........
Punjab Tenancy Act, 1887, Section 53, 57 -- Sale of occupancy rights-Prior notice of intention to transfer not served on landlord through Revenue Officer - Non-compliance with provisions of Section 53 -Transferee cannot claim under Section 57 to have same rights and subject to same liabilities as tenant before transfer...........
Punjab Tenancy Act, 1887, Section 4(5) -- Tenancy - Conies into existence only when a bilateral agreement between the parties - To prove a tenant - One of the material circumstances - Liability to pay rent - Only when conclusion reached that person liable to pay rent, can it be held that person claiming to be tenant, is a tenant under landowner - Amount of rent not..........
Punjab Tenancy Act, 1887, Section 8, 77(3)(d) -- Occupancy rights on ground of continuous possession for long period - Suit under Section 8 filed before land acquisition notification' - Rights of parties to be seen as on the date suit filed in Revenue Court - Subsequent events (Notifications and Award under Land Acquisition Act) will not unsettle rights - Relationship of..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Ejectment application of landowner and suit of tenant for occupancy rights - Not to be clubbed together - Ejectment proceedings under Punjab Security of Land Tenures Act conducted by Revenue Officials as Revenue Officers - Suit for occupancy rights under Punjab Tenancy Act to be tried by Revenue Officials as..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i), 10 - - Saving of rights of tenant to compensation and occupancy rights under Punjab Tenancy Act - Eviction order passed against tenant before institution of suit for occupancy rights - No saving of rights of tenant under Proviso to clause (i) of Section 14-A - Unless suit pending on the day proceedings for eviction..........
Punjab Tenancy Act, 1887, Section 77(3)(d), 5 -- Tenant in possession of land since before 14th August, 1947, under Muslim owners who left for Pakistan on partition - Effect of Section 12 Administration of Evacuee Property Act, 1950, that occupancy tenancy cannot be terminated by Custodian notwithstanding provisions of Section 9 East Punjab Displaced Persons (Land..........
Punjab Tenancy Act, 1887, Section 4(5), 8, 77(3)(d) -- Land under tenancy mortgaged with tenant - Redemption of mortgaged land - Suit for declaration of occupancy rights by tenant after redemption of mortgage - Tenancy rights not merged or extinguished on account of mortgage - Entitled to be declared occupancy tenant - No inconsistency or incompatibility in one person..........
Land Acquisition Act, 1894, Section 30, 18 -- Apportionment of compensation between tenant and landowner - Tenant did not possess occupancy rights on date of notification for acquisition in 1973 - Suit for declaration of occupancy rights filed in 1974 - Occupancy rights decreed in 1976 - Compensation cannot be declined to tenant simply on the ground that declaration of..........
Punjab Tenancy Act, 1887, Section 8, 5, 6, 7 -- Perpetual tenant - Partakes character of occupancy tenant - Landowner not divested of title to property demised - Concept of perpetual tenancy as conceived of in S.8 in the light of Ss.5, 6 & 7 - Became non-existent on account of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 - Perpetual tenants or..........
