Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit land is abadi deh - Application was filed before framing of issues alleging interference by defendants on the suit land which was denied by defendants - Onus to prove the case lies with plaintiff to prove the fact - Application rightly rejected...........
Specific Relief Act, 1963, Section 38, 39 -- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant is trying to raise construction..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(a) -- Shamlat deh - Vacant land in abadi deh or gorah deh of village not owned by any person would fall under ambit of S.4(a) of Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 4(a) -- Shamlat deh - Land situated within abadi deh or gorah deh of village and is not proved to be under ownership of any private individual would fall in ambit of Shamlat Deh and shall vest in Gram Panchayat who is true owner and no injunction can be granted against true owner - Even if, some proceeding were..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Ad valorem court fee - Suit land is Gair Mumkin Bara and does not come within Municipal limits or Abadi Deh which is even not denied by defendants - Even if defendants have raised illegal construction over the land of plaintiffs then party seeking relief is not required to pay ad valorem..........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(4a) - - Eviction - Shamlat deh - Held, shamilat deh to include land described as shamilat deh or charand but excludes land within abadi deh - S.2(g)(4), however, provides that if land within abadi deh is used or reserved for benefit of village community including streets, lanes, play grounds, schools, drinking..........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 4, 5, 21(h), 2(22b)(4), 2(22b)(5) -- Ejectment - Validity - Court below found that petitioner could not be considered owner merely on basis of copies of ration card and electricity bill - Contention on behalf of petitioner that in an abadi deh, there may not be any title deed and possession..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 - - Abadi Deh - Management & Control of Abadi Deh of village `H' given to Gram Panchayat `B' - Challenge to - Petitioners conceded that because of river action, they are not staying in village and they have shifted to place which is 2 K.Ms away from village `H' - Place where petitioners are residing now fall in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iv) -- Shamlat deh - Defunct well - Well situated within abadi deh of village - Plaintiff admitted in cross-examination that plot in dispute was owned by entire community of village - Subject well within abadi deh had become defunct on account of no, user - Held, such plot would fall within definition of..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 22(aa) - - Village Abadi - Expansion - Held, there is no mandate of law in S.22(aa) of expansion of village Abadi to extent of 60% of existing Abadi Deh...........
