Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Tenant - Petitioner shown as tenant in cultivating possession of the land since long - Mere fact that land was shown vacant for three crops in between does not mean that tenant is no more in possession - Petitioner in continuous cultivating possession from 1992 to 1996 subsequent to the period land..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Correction of entries showing land in ownership of Gram Panchayat to that of Khewatdars - For Gram Panchayat in the first instance to prove that land vests in it on account of the provisions of Section 2(g) Punjab Village Common Lands (Regulation) Act-Onus would thereafter shift..........
Khasra Girdwari -- Only reflects the position of the property and the person who cultivated the property-Under Punjab Land Revenue Act presumption is only in regard to the correctness of the entry-Presumption will not extend to confer title on the persons shown in the Khasra Girdawari - Entries in Khasra Girdawari-Only show the persons named therein are in possession of..........
Adverse possession -- Mere long possession cannot be construed to be adverse qua the real owner - In the written all that is mentioned that they are in cultivating possession of land for the last more than 30 to 35 years - Such a possession can be permissive unless a hostile title is set up - In absence of pleading of adverse possession no issue framed - Held, possession..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for permanent injunction - Neither of the parties owner of the land in dispute - Land recorded to be in the ownership of Shamlat Deh - Plaintiff in cultivating possession of the land in dispute - Plaintiff entitled to injunction prayed for...........
Punjab Land Reforms Act, 1972, Section 7 -- Land owned by M declared as surplus area in the hands of S treating M to be only a Benamidar - M purchased land from Central Government through auction, sale certificate issued in favour of M, possession delivered to M and in Jamabandi M recorded as owner and S recorded as tenant in cultivating possession - M could not be held to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5)(iii), 7 -- Landholder in cultivating possession of Shamilat Deh land prior to 26.1.1950 and land in dispute allotted in lieu thereof in consolidation proceedings - Not included within definition of Shamilat Deh for purposes of Act - Gram. Panchayat cannot seek eviction from such land in proceedings under..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Purchase under Section 18 allowed of same land to two different persons - Tenant G under landowner J allowed to purchase tenancy land under Section 18 and deposited the instalments of purchase price - Meanwhile consolidation proceedings took place in village and in lieu of land purchased suit land allotted to G -..........
Punjab Tenancy Act, 1887, Section 4(5), 4(6), 4(8) -- Joint tenants i. e. tenants holding land jointly - Hold one parcel of land under one lease i. e. one tenancy - Do not cultivate separate parcels of land individually - None of them can claim to be in cultivating possession of whole of tenancy land - Possession and cultivation joint - Death of one of the joint tenants -..........
Punjab Land Reforms Act, 1972, Section 5(1), 4 -- Land declared surplus in I960 under Pepsu Tenancy and Agricultural Lands Act - Plea of State that possession of surplus area taken in 1981 disputed with the assertion that possession may have been shown as taken in revenue papers but surplus area still under cultivating possession of landowner - Possession of surplus area..........
