Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4 -- Shamilat deh - Exclusion from - Held, where property is partitioned and brought for cultivation before 1950 or was shamilat deh assessed as revenue land and held in individual cultivation and co-sharer in excess of share before 26.01.1950 could be excluded - What is necessary, therefore, is that..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4 -- Shamilat deh - Vesting in Panchayat - Held, a property, which proprietors had to suffer for contribution to a common benefit and to be treated as shamilat deh, stood vested in panchayat by virtue of S.4 of 1961 Act - A person, who had been owner under a decree or any agreement or an instrument, he still..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Allotment of land - Natural justice - Right holders were not impleaded as parties at any point of time in any proceeding - Held, right holders are affected parties as a pro-rata cut needs to be imposed upon them to compensate respondents for land in dispute which was utilized for..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Shamilat deh - Banjar Kadim Charand- Land in dispute as per copy of Sharat-Wajib-Ul-Arz has been kept reserved for the purpose of charand and in consolidation scheme, it shall be kept intact for said purpose and in jamabandi also it has been recorded as Banjar Kadim Charand which is common purpose - Held,..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 20A -- Ejectment proceeding - Extension of lease by Collector - Validity - Held, Collector has no jurisdiction, while deciding an application filed u/s.7 of the Act for ejectment, to extend lease period without any resolution passed by Gram Panchayat in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13A -- Ejectment - Gram Panchayat failed to prove its ownership - Held, without getting question of title decided, it is not open to Gram Panchayat to file an application for ejectment of petitioners - Liberty granted to Gram Panchayat to get question of title decided and in case decision goes in favour of Gram..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Mutation - Title - Issue of ownership had already been decided in favour of Gram Panchayat - Mutation wrongly entered in favour of right holders - Held, merely because a wrong entry had been mutated in favour of right holders would not give them any right to contend that subsequently they had a right in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Banjar Qadim land - Held, it means that it is not under cultivation...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 13A -- Shamlat Deh - Exclusion from - In Jamabandi for the year 1930-31 land was entered as Shamlat Deh Hadsab Hissa Mandarja Paimana Hakiya and in column of occupation it is mentioned as Makbuja Malkaan - No piece of land of any right holder was shown in cultivating possession and is shown as Gair Mumkin,..........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-owners - Injunction against other co-owners - Can be granted only when one co-sharer is in possession of a particular portion of property with common consent of all persons and not when one co-owner is in possession over a particular portion of property free of..........
