Punjab Security of Land Tenures Act, 1953, Section 2(3) -- Heir of displaced person whether original allottee - Death of displaced person in Pakistan before migration to India - Roznamcha Patwari shows that possession of land taken by heir - Statement of a responsible person that displaced person died in Pakistan - Mutation of succession sanctioned in 1954 - Evidence of..........
Punjab Security of Land Tenures Act, 1953, Section 2(3) -- Displaced person allotted more than 100 Ordinary Acres - Cannot retain more than 100 Ordinary Acres even when in terms of Standard Acres the same less than 50 Standard Acres Area in excess of 100 Ordinary Acres to be declared surplus area or tenants permissible area...........
Administration of Evacuee Property Act, 1950, Section 2(f), 11, 46, Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 12 -- Property whether trust property or not - Custodian has jurisdiction to go into the question and determine whether property is evacuee property held in trust for religious or charitable purposes or not - Jurisdiction of Civil Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit by tenant for permanent injunction - Tenant recorded as such in revenue records - Presumption of continuity of tenancy i. e. tenant continues to be tenant till evicted in due course of law - Correction of Khasra Girdawari entries behind the back of tenant when no ejectment order passed against tenant and no plea that..........
Punjab Registration of Money Lenders Act, 1938, Section 2 - - Contractor - Falls within definition of term "trader" - Not a money lender...........
Punjab Registration of Money Lenders Act, 1938, Section 3, 2, 2(8), 2(9), 2(11), Punjab Regulations of Accounts Act, 1930, Section 2(g) -- Loan taken by defendant-contractor from plaintiff-contractor - Suit for recovery of amount on the basis of pronote - Objection that plaintiff a money-lender having no valid licence the suit liable to be dismissed under Section 3 -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5) -- Proviso - Three conditions to be fulfilled before land can be described as Shamilat Deh under Section 2(g)(5) are : (i) land in question described as Banjar Qadim in revenue records, (ii) in revenue records land in question entered as used for common purposes of village, and (iii) Shamilat Deh at least..........
Haryana Canal and Drainage Act, 1974, Section 24(1), 2(15) -- Demolition of watercourse in existence - By itself no ground for restoration - Further requirement for applicability of Section 24 - Watercourse : (i) sanctioned under the Act, or (ii) to be kept running under some agreement of parties, or (iii) by prescription - Taking of water without any specific agreement -..........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2(2) - - Bar of res judicata as preliminary issue - Issue of law to be tried as a preliminary issue - Must relate to jurisdiction of Court or to a bar to suit created by any law for the time being in force - Trial of a particular suit for issue if barred by principles of res judicata - Nothing to do with jurisdiction..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) - - Order disallowing temporary injunction - Appealable under Clause (r) of Rule 1 of Order 43 - 1968 P. L. R. 354 Distinguished...........
