Punjab Village Common Lands (Regulation) Act, 1961, Section 4(1), 4(3)(ii) -- Shamlat deh land - Vesting of rights in Panchayat and proprietors - Plaintiff shown in cultivating possession for some years from 1966-67 onwards in revenue records - No oral or documentary evidence to show possession or cultivation of the suit land by the plaintiffs or their ancestors prior to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Jurisdiction of Civil Courts - Suit for permanent injunction - Question raised, whether the land in dispute is Shamlat Deh or not - Jurisdiction of Civil Courts barred expressly...........
Constitution of India, 1950, Article 226, Punjab Village Common Lands (Regulation) Act, 1961, Section 10A -- Power of Collector to cancel lease of Shamlat Deh Land - Violation of Rules during auction - No publicity, specifying the date, time, place & description of the land to be given on lease - Land leased in contravention of Rules - Collector has ample powers under the..........
Punjab Land Record Manual -- Prara 7.19 - Sale of share in shamlat land - Part of land sold in 1980 - Mutation sanctioned in 1983 - After the death of vendor in 1994, vendee claimed that entire land including share in shamlat land was also sold to him - No mention of sale of share in shamlat deh or thola deh in sale deed. Held - If a deed does not specifically mentions..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11, Limitation Act, 1963, Article 136 -- Ejectment from unauthorised possession - Limitation for execution of order - Ejectment order passed against respondents in 1971 - Order not challenged, attained finality - Execution filed, warrants of possession issued - Respondents filed civil suit - Status Quo ordered..........
Constitution of India, 1950, Article 226, 227, Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Respondents in unauthorised occupation of Shamlat land - Ejectment ordered - Question of title decided by the High Court - Land held to be 'Charand' falling within the definition of Shamlat Deh - Warrant of possession issued - Commissioner in appeal directed..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Shamlat Deh - Consolidation scheme - Scheme challenged by some proprietors and co-sharers in a writ petition - Writ petition dismissed - In appeal Supreme Court granted order of status quo - Despite the order of status quo granted by Supreme Court petitioners displaced since they..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Shamlat Deh - Writ petition - Appeal against dismissal of review petition - Appeal against dismissal of writ petition dismissed by separate order, as such appeal against review also dismissed...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(1)(g), 7 -- Shamlat den - Bachat land - Bachat land literally means that it is an excess area over and above the consolidation pool - It is the property of the proprietary body and not of any particular individual - Legally it cannot be said to be a Shamlat Deh - The proceedings of eviction could not have been..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 5, 2(g)(1), Punjab Village Common Lands (Regulation) Rules, 1964, Rule 13, Constitution of India, 1950, Article 226 -- Gift of Shamlat Deh (Charand) to establish Educational Academy and Government granted sanction to resolution of Gram Panchayat - Land in Consolidation Scheme earmarked as Pasture (Charand) for..........
