Punjab Land Revenue Act, 1887, Section 42(2) -- Brick earth - Whether brick earth which belongs to the private owners, which is a minor mineral would vest in the appellant-State? - Entry in wazib ul arz when translated in English showed that there was no old building, nazul land, mine stone, coal, etc. in village and in future, any such thing if discovered then, it would..........
Punjab Land Revenue Act, 1887, Section 158 -- Brick earth - Jurisdiction of civil court - Declaratory suit with consequential relief of permanent injunction restraining appellant-State from assessing, levying or recovering royalty on brick earth - Maintainability - Held, once notice has been found to be beyond the four corners of the Land Revenue Act then suit would be..........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Choice of Collector - Interference with - Held, choice of Collector in the matter of appointment of village Lambardar is final and should not normally be interfered with unless and until Collector has taken a perverse view or has not exercised his choice judiciously or where order discloses a lack of..........
Transfer of Property Act, 1882, Section 123, Consent decree -- Oral gift - Validity of - Alleged oral gift pertained to June 1954 - Revenue entries clearly demonstrate that possession of plaintiff as owner being in cultivating possession continued to be recorded till the year 1976 - Held, alleged oral gift made in year 1954 without possession would remain ineffective..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Delhi Land Reforms Act, 1954, Section 185 -- Land to which DLR Act is applicable - Jurisdiction of Civil Court - Held, no suit for ejectment and/or possession in respect of land to which DLR Act is applicable, is maintainable before Civil Court, as the remedy lies before the `Revenue Assistant' in this regard -..........
Punjab Land Revenue Act, 1887, Section 34 -- Sanction of mutation - Validity - Respondent No.4 was recorded owner and she sold land in litigation to respondents No.5 and 6 for a valuable consideration of Rs.15,20,000/- by means of registered sale deed - Petitioner did not deny execution and consideration amount of sale deed in question - He claimed that respondent No.4 was..........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - Held, dealing in a poultry business in village cannot be termed to be a disqualification for appointment of Lambardar...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Application u/s 42 of the Act for correct of shares wrongly recorded in the revenue record filed after 56 years of consolidation - Petitioner had already sold his entire share by different sale deeds - Petitioner cannot say that he was not aware of the entries in the revenue..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Typographical mistake - Amendment sought for, appears to be typographical mistake and does not give rise to any further issues - Typographical mistakes cannot be declined merely on ground of delay which could be compensated with costs - Amendments/corrections are based on revenue record which cannot be..........
Punjab Land Revenue Rules -- Experience - Respondent No.4 is performing duties of collecting land revenue since 1989 after death of his father - Financial Commissioner passed order more than 11 years ago and respondent is performing duties of Lambardar since then - Nothing adverse against respondent No.4 has been pointed - Experience itself is a qualification specifically..........
