Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation of inheritance - Has to be decided on the basis of Will or on the basis of natural succession - Civil Court held that Will not proved to be executed by deceased - Revenue Officers rightly ignored Will - Sanction of mutation of inheritance on the basis of natural succession - Correct...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation based on Civil Court decree - Contested mutation - Civil Court decree against Gram Panchayat - Villagers contest the mutation - Revenue Officer while giving effect to Civil Court decree has also to go into total circumstances of the case particularly when interest of Gram Panchayat not watched before Civil Court...........
Punjab Land Revenue Act, Section 117, 111 -- Stay of partition proceedings - Mutation entered on the basis of registered Adoption Deed - Adoption Deed challenged in Civil Court which suit is still pending - Plea that partition proceedings should be stopped till judgment of Civil Court is received - Not tenable - Partition proceedings need not be held up because the matter..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Registered Will - Mutation sanctioned on the basis of Registered Will - Valid - Other heirs if have any grouse against Registered Will - Can go to Civil Court...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation - Does not confer any right - Revenue Officer to go according to prima facie facts - Procedure in respect of mutation proceedings provided by Sections 34 to 40 - On acquisition of a right by inheritance - Matter is to be reported to the Patwari who will make entry in register of mutations - Civil rights of parties..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of Civil Court decree - Government Instructions dated 24.6.1996 - Decree which for the first time creates rights or interests in property of more than Rs.100/- Requires compulsory registration - Decree not registered although it required compulsory registration - Cannot be acted upon - Revenue..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Sanctioned in favour of natural heir (widow of deceased) - Objection that alleged widow is not of deceased - Not tenable as only evidence of statements of witnesses belonging to one or the other faction and failure to produce documentary evidence (i.e. (i) certified copy of statement of..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of inheritance - Two Wills, one Registered Will and the other Un - registered Will - Ad interim injunction of Civil Court to maintain status quo regarding possession - Balance of convenience in favour of party who has got possession of land - Mutation should be sanctioned in their name - Civil Court judgment..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Land of J.D. attached - Said land shown to have been transferred to minor son of judgment debtor under mutation entry without executing any conveyance - Application for raising attachment filed by minor son allowed by Court without there being any evidence of title of transferee son - Respondent had played fraud..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of a person as a defendant without consent of plaintiff - Only in exceptional cases - Court where finds that addition of new defendant is necessary to, effectively adjudicate the matter in controversy between the parties - Even without consent of plaintiff such a person can be added as a party - Suit for directing..........
