Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupation and possession of suit land in capacity of gair marusi tenant by plaintiff - Suit land was owned by father of plaintiff and his two brothers and subsequently partitioned between co-sharers - Entry showing plaintiff to be the tenant gair marusi was accordingly deleted - Jamabandies for the earlier..........
Specific Relief Act, 1963, Section 38, 39 -- Injunction - Tenant seeking restraint order against landlord from forcibly dispossessing - Plea of landlord of vacating the premises and handing over possession - Possession taken by landlord by breaking open locks and tenant lodged a police complaint for committing the offence of criminal trespass - Absence of any entry in..........
Revenue record -- Entry in revenue record is a strong presumption of possession - Khasra is evidence of possession and khatauni of title - Even though presumption is rebuttable but revenue records raise a very strong initial presumption...........
Punjab Land Revenue Act, 1887, Section 34, 36, 37 -- Registered sale deed - Reflection in revenue record - Held, a sale deed, once registered, has to be reflected in revenue record - Where its legality is pending adjudication before a civil Court, a note shall be appended in `remarks' column of jamabandi, setting out particulars of civil suit and if stay order is in..........
Civil suit -- Correction of Khasra Girdawari during pendency of civil suit for title and possession - Held, a Revenue Authority has jurisdiction to conduct spot inspection with regard to change of entries in the khasra girdawari even if a suit involving a question of title and/or possession is pending - However, such an entry is not binding upon Civil Court and any change..........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
Revenue record -- Gair Marusi - Meaning thereof - Entry in revenue record depicting possession of occupant as gair-marusi does not imply that possession is as tenant - Expression gair marusi is recorded in revenue record when proper capacity of occupant is not known to revenue official - Whether occupant is tenant or not can be ascertained from entry in column of rent...........
Land Acquisition Act, 1894 - - Shamilat Deh Hasab Hisis Mundarja Shajra Nasab - Held, it would only indicate share-holdings of proprietors as per inheritance prior to vesting - Entry with regard to Makbooja Malkan in column of cultivation reflects possession in common of proprietary body but not individual cultivating possession...........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Suit for possession - Details to be included - These are only Illustrative and not exhaustive : (a) who is or are the owner or owners of the property; (b) title of the property; (c) who is in possession of the title documents; (d) identity of the claimant or claimants to possession; (e) the date of entry into..........
Limitation Act, 1963, Article 58 -- Declaratory suit - Revenue entries - Limitation to challenge - Held, in a suit for declaration as well as permanent injunction, limitation will not start w.e.f. the date an adverse entry is made in revenue record but when actual possession of plaintiff is threatened by other party u/Art.58 of Limitation Act - Time would begin to run not..........
