Punjab Package Deal Properties (Disposal) Rules, 1976, Rule 15 -- Scope of - Relates to arbitration in case of dispute about sale - Dispute should be : (i) between party and Department, and (ii) relating to terms of sale or any violation etc. - Rights of parties acquiring interest in package deal property on ground of possession before a Certain date - Rule 15 not..........
Shamilat Deh -- Land reserved by proprietors of village for common purposes - No proprietor can claim a right to individual possession or obstruct user - Constructions raised by some proprietors and thereby debarred other pre-prietors of village to use land for which it was reserved - Suit for mandatory injunction for demolition of constructions - Maintainable.
When..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation proceedings - Title to or proprietary rights in immovable property - Not determined - Enquiry in mutation proceedings-To protect interest of State - Revenue Authorities have no jurisdiction to pronounce upon claim of ownership.
Proceedings for mutation are not judicial proceeding in which title to or..........
Adverse possession -- Means hostile possession - Possession of co-owner - On behalf of all co-owners - Cannot be considered adverse to other co-owners - No adverse possession by co-owner on account of : (i) exclusive possession of whole property, or (ii) no, participation in profits of property by other co-owners - Co-owner to establish adverse possession must prove..........
Punjab Tenancy Act, 1887, Section 50, 77(3)(g), 4(5) -- Dohlidar covered by definition of 'tenant' in Section 4(5) - Section 50 applicable to dohlidar - Suit by dohlidar for possession of land claiming to have been forcibly dispossessed - Cognizable only by Revenue Court and not by Civil Court - Must be brought within one year of dispossession...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to sale null and void raised at the stage of delivery of possession - At that stage executing Court can take notice of that circumstance...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(viii) -- Words "cultivating possession" - Scope of - Possession of co-sharer through his tenant - Comes within scope of words "cultivating possession"...........
Redemption of Mortgages (Punjab) Act, 1913, Section 12 -- Redemption of mortgage - Mortgagor put in possession of mortgaged land - Declaratory suit by mortgagee - No possession claimed - Suit decreed - Second suit by mortgagee for possession - Not competent - Only one suit is competent...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Decree for possession - Symbolic possession delivered in execution of decree - Fresh suit for actual possession - Competent...........
Punjab Tenancy Act, 1887, Section 77(3)(g) -- Applicability of -Pars suit in which dispossession is admitted and claim is for possession of erstwhile tenancy - Suit claiming mere declaration to be in cultivating possession and not claiming recovery of possession - Not covered by Clause (g) - Jurisdiction of Civil Court - Not excluded...........
