Punjab Land Revenue Rules -- Appointment of Lambardar - Order of Collector - Interference with - Held, choice of Collector cannot be set aside lightly - It can only be set aside when his order is perverse, illegal and suffers from material irregularities and is violative of rules and procedures - Commissioner while setting aside order of Collector had not recorded reasons..........
Punjab Land Revenue Act, 1887, Section 121 -- Partition - Question of title - Jurisdiction of revenue court - Held, revenue court is equally competent to decide question of title and could also refer same to civil court if there was really such dispute and matter which need a debate in depth...........
Punjab Land Revenue Act, 1887, Section 15(d) -- Appointment of Lambardar - Factors to be taken into consideration - Personal influence, character, ability and freedom from indebtedness, inter-alia, are factors to be considered in first appointment of Lambardar - Therefore, quality/character and conviction of an individual are thus a relevant consideration - As petitioner..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 143 -- Suit for cancellation of sale deed - Jurisdiction of civil Court - Plaintiff/appellant herself accepted in the plaint that her name is not recorded in the revenue records - Held, in absence of averment in the plaint that plaintiff is..........
Criminal Procedure Code, 1973, Section 145 -- Magistrate has no jurisdiction to make an enquiry regarding demarcation of the boundaries of the land in question - This course of action is only available to the civil court or revenue court...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Preliminary decree - In a suit for partition of immovable property, if such property is not assessed to payment of revenue to the government, ordinarily passing of a preliminary decree declaring the share of the parties may be required...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Mutation - Proof of transfer - Held, mutation proceedings in revenue record itself not a proof of any transfer or disposition in manner contemplated u/s 8 of Haryana Ceiling of Land Holdings Act, 1972...........
Transfer of Property Act, 1882, Section 122 -- Gift - Handing over possession - Non transfer of name of donee in Revenue records - Not material when after execution of Settlement Deed by mother in favour of her daughter, both of them were residing in the same property...........
Civil Procedure Code, 1908, Order 41, Rule 20 -- Appeal - Impleadment of interested person as respondent - Delay of seven years - Board of Revenue while allowing application filed U.O.41.R.20 did not consider that petitioner was interested in the result of appeal or not - Application for impleadment filed on behalf of respondents after seven years - It did not contain any..........
Adverse possession -- Hostile possession - Knowledge of same cannot be attributed from a stray entry in the jamabandi without any status which is smuggled into revenue record not having been made in accordance with law or without an order of Court to induct into possession and furthermore when this stray entry is contrary to the earlier entries reflected in the revenue..........
