Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for partition pending - Execution of `Batai patra' (Tenancy of agricultural land) is hit by principle of lis pendens...........
Khasra Girdwari -- Entry Change in - Person recorded as lease-holder for 99 years since 1968 continuously till 1987 when lease entries changed into entries of tenancy without any notice to lease-holder or order of competent authority - Lease for 99 years of land of Smadh - Null and void - Lease-holder cannot insist to be recorded as lease-holder in revenue record - Even if..........
Tenant -- Expiry of tenancy period - Cannot be thrown out of premises by use of force - Remedy lies in a suit for eviction - Police directed to restore possession and petitioner allowed to continue in possession...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 3, Punjab Tenancy Act, 1887, Section 5, 8 -- Provisions of Section 4 have precedence over provisions of Punjab Tenancy Act and Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act - Claim to have acquired occupancy rights under..........
Transfer of Property Act, 1882, Section 106 -- Notice u/s 106 is not required to be served when period of tenancy is specified in a contract/agreement...........
Transfer of Property Act, 1882, Section 111, 106 -- Period of tenancy specified - Tenancy terminates by efflux of time - No requirement of issuance of notice u/s 106 of the Act...........
Pepsu Tenancy Agricultural Lands Act, 1955, Section 32, 32FF -- Gift of land in 1952 by landowner in favour of his sons - Gift deed not produced - Acceptance of donee not brought on record - Original Roznamcha of Patwari regarding entering of gift not produced - Mutation of gift sanctioned in 1956 - Gift not valid - Hit by Sections 32 and 32-FF - Transfer of Property Act,..........
Pepsu Tenancy Agricultural Lands Act, 1955, Section 22, 20, 7A, 3, 2(k) -- Purchase application by tenant recorded as tenant on the land in Jamabandi 1953-54 - Big landowner did not exercise right to reserve permissible area within time limit prescribed under Section 3(1) - Tenant fulfills all requisite qualifications and ingredients and guidelines framed by Supreme Court..........
Punjab Tenancy Act, 1887, Section 4(5) -- Tenant, status of - Khasra Girdawari entry - 'Gair Marusi Bila Lagan Bawaja Muhaiada Bai Tasdik Hui' - Status of person cannot be termed or accepted as that of a tenant...........
Transfer of Property Act, 1882, Section 109, 111 -- Tenancy - Splitting up - Owner can transfer part of premises - It will amount to statutory splitting up of tenancy - Rent to be apportioned mutually by owner and tenant - In case of dispute, Rent Controller or Civil Court is competent to determine rent - Transferee is also entitled to evict tenant from the part..........
