Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Specific Relief Act, 1963, Section 37 -- Surplus area - Injunction - Jurisdiction of Civil Court - Held, Civil Court does not have jurisdiction to determine vesting or no, vesting of suit land in Gram Panchayat - However, instant suit was instituted for relief of permanent injunction only based on alleged..........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(5) - - Shamlat deh - Exclusion from - Held, a landowner claiming that his land is excluded from `Shamilat deh' shall be required to prove ingredients of exclusion clause from the date set out in said clause so invoked - Where an exclusion clause does not set out any date land owner could be required to prove..........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(5) - - Shamlat deh - Exclusion from - Banjar qadim - Held, S.2(g)(5) of the 1961 Act provides for exclusion of `Banjar qadim' from `Shamilat deh' - A person claiming exclusion of his land u/s.2(g)(5) of the 1961 Act has to prove that land was `Banjar qadim' and not used for common purposes of village according..........
Land Acquisition Act, 1894 - - Bachat land - No evidence to establish that land is left over after assigning use of land for common purposes to land taken from proprietors by applying a pro-rata cut on their holdings - Held, land cannot be treated as Bachat land...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(iii) -- Pepsu Village Common Lands (Regulation) Act, 1954 - Expression "Shamilat Deh Hasab Hissas Mundarza Shijra Nasar", coupled with expression "Makbuja Malkan" - Held, it merely refers to ownership as it existed prior to the vesting of "Shamilat Deh" in a Gram Panchayat under the Pepsu Act and the 1961 Act..........
Civil Procedure Code, 1908, Section 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Res-judicata - Dismissal of a petition u/s 7 of the 1961 Act - Held, it does not operate as res-judicata in a subsequent petition filed u/s 11 of the 1961 Act...........
Civil Procedure Code, 1908, Section 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Res-judicata - Adjudication on a question of title, pursuant to a petition filed u/s 11 of the 1961 Act - Held, operates as res-judicata in a subsequent petition pertaining to the same land and between the same parties...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B -- Ejectment - Shamlat land - Panchayat Property - Land in dispute initially leased out to petitioner for five years - Petitioner did not vacate land after expiry of lease - Civil Court passed decree in his favour and against defendant from dispossessing him from land otherwise than in due course of law -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(vii) -..........
Punjab Village Common Land (Regulation) Act, 1961, Section 2(g)(viii) - - Shamilat deh - Exclusion from - Conditions sine qua non - Held, (i) individual cultivating possession of co-sharers - (ii) not being in excess of their respective shares - (iii) land being assessed to land revenue - (iv) on or before 26th January, 1950...........
