Pepsu Tenancy and Agricultural Lands Act, 1955, Section 8, 7, 7A -- Section 8 provides for termination of tenancy commencing after commencement of Pepsu Tenancy and Agricultural Lands (Second Amendment) Act, 1956, apart front the grounds mentioned in Section 7 - Provisions of Section 7 always available in case of tenancies commencing after Second Amendment Act 1956 and a..........
Civil Procedure Code, 1908, Section US, Order 6, Rule 17 - - Amendment of plaint after expiry of period of limitation in pre-emption case - Even when applying provisions of Punjab Pre-emption Act approach of Courts cannot be too technical and pedantic - Suit filed on behalf of minor-pre-emptor - Relationship of pre-emptor with vendor clearly brought out in plaint -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Main thing to be considered - Whether plaintiff applying for amendment acting in good faith or not - Misdescription of property (wrong description of one of the Khasra numbers) - Objection that plaintiff cannot be said to have acted with due diligence and care as amendment of plaint..........
Administration of Evacuee Property Act, 1950, Section 11, 4 -- No implied repeal or over-riding by Section 15 Wakf Act - Section 69(2) Wakf Act no warrant for proposition that Section 11 stands expressly repealed thereby - Amendment of Section 11 in 19S6 strongest pointer that Section 11 far from being repealed intended to over-ride other laws, in fact, if necessary,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint in pre-emption suit - Mistake brought to notice of plaintiff on 20th July, 1982, that Sunder Singh not a vendee and that Minder Singh vendee not impleaded - Replication filed on 20th September, 1982, in which plaintiff insisted that Sunder Singh and Minder..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption case - Pre-emptors' cases have to be considered at slightly different plank vis-a-vis all other litigations - To be strictly construed against pre-emptor in the background of : (i) a pre-emption suit can be defeated by all legitimate means; and (ii) although right of preemption a statutory..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit claiming decree for correction of entries in Jamabandis - Relief as claimed though could not be granted by Civil Court but declaratory decree of rights of plaintiff could certainly be passed if plaintiff succeeded in substantiating the pleas - Proper relief even if not..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Ejectment proceedings - Amendment of written statement - Amendment if germane to the matter in issue - Should be allowed in the interest of justice - Mere ground of delay - Should not be allowed to stand in the way of giving justice...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in preemption suit - Pre-emption sought on ground of being vendor's father's sister's son - Relationship denied in written statement - Amendment (at the stage of plaintiff's evidence in rebuttal and arguments) seeking to claim pre-emption on the bans of father's brother's son - Cannot be allowed when..........
Punjab Pre-emption Act, 1913, Section IS -- Pre-emption on the basis of relationship - Particular defined relationship which gives right of preemption must be stated in plaint within period of limitation - Amendment after period of limitation seeking to incorporate such relationship - Cannot be permitted...........
