Punjab Security of Land Tenures Act, 1953, Section 2(3), 2(5a) -- Surplus area proceedings - No area of land declared surplus as so much area under old tenants - Order not complete to the extent landowner's permissible area not specified - Duty of Collector to earmark 30 Standard Acres of land for landowner and declare remaining land as tenants' permissible area -..........
Punjab Security of Land Tenures Act, 1953, Section 19A - - Transfer in contravention of Section 19-A(1) - Void only qua State for purposes of Act - Valid and binding between parties inter se - Language of Section 19-A(2) absolute, yet for reasons of sound interpretation must be given a slightly constricted meaning in order to harmonise with Section 19-B - Labh Singh's case..........
Punjab Security of Land Tenures Act, 1953, Section 19A -- Mortgage with possession - Comes within ambit of word 'transfer' in Section 19-A - Redemption of mortgage with possession - Involves retransfer of legal right back to mortgagor - Amounts to acquisition by transfer within meaning of Section 19-A - Whether transfer made by act of parties or involuntarily by operation..........
Punjab Pre-emption Act, 1913, Section 28, 4 -- Effect of pre-emption decree obtained by a co-sharer in pre-emption suit filed by another co-sharer - Pre-emptor substituted in place of vendee : either (i) by purchase within one year of sale, or (ii) in a suit filed by him within time, though decreed beyond one year - Pre-emptor even when gets a decree beyond one year and..........
Punjab Pre-emption Act, 1913, Section 5, 4 -- Building whether a residential house or a shop - Criteria : (i) structural appearance of building and other relevant facts ; (ii) building if used for more than one purpose, then the primary or more important of such purpose to be considered, (iii) mere fact that a small part of building (which is mainly used for residence) is..........
Punjab Land Revenue Rules, 1908, Rule 16(ii) - - Scope of - Collector conferred discretion to consider desirability of dismissing - Person if suffers from any of the disabilities or disqualifications prescribed in seven clauses of sub-rule (ii) - Matter of dismissal left purely at the discretion of Collector - Collector to decide in the circumstances of each case : (a)..........
Punjab Land Revenue Act, 1887, Section 16 -- Revision in Lambardari case - Choice of Collector confirmed by Commissioner - Not to be interfered with unless proved to be against Rules...........
Punjab Land Revenue Rules, 1908, Rule 16(i) - - Scope of - Five clauses of sub-rule (i) prescribe circumstances under which headman shall be dismissed - No scope for discretion - Person if found to be covered by any of these clauses - Necessarily to be dismissed...........
Punjab Land Revenue Rules, 1908, Rule 15, 16(ii)(d) -- Conviction over 12 years old of taking part in illicit distillation - Minor infringement not disqualifying for appointment as Lambardar - Collector's choice of a candidate who suffered from any of the disqualifications under sub-rule (ii) a long time ago - Neither illegal nor irregular...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Conversion of one class of land mentioned in revenue record to another i. e. rectification of revenue records existing prior to repartition to change classification - No authority with Consolidation Authorities - Statement of classification of land for purposes of consolidation..........
