Civil Procedure Code, 1908, Section 151 -- Police protection - Decree of permanent injunction - Violation - Plea by J.D. that some steps have been taken to record himself as a cultivating tenant - However, so far no order has been passed by revenue authorities - No ground to interfere with the order of Executing Court in directing police protection...........
Kerala Private Forests (Vesting and Assignment) Act, 1971, Section 3(2) - - Kerala Land Reforms Act, 1964, S.72-K - Vesting of private forests in Government - Exemption - Certificate of purchase issued in favour of respondent after enquiry by Land Tribunal u/s 72-K(1) of the Act - Certificate is conclusive proof of fact that respondent has been in possession of land as a..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupancy rights - Plaintiff/claimant obtained occupancy rights on basis of lease deed - Lease deed being unregistered and ante-dated found to be sham - Even otherwise, plaintiff himself admitted that he is not in possession of land and cultivation on his behalf is carried out by servant under management of..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration of ownership after coming in actual cultivating possession of suit land as gair marusi - Dispute was not between landlord and tenant, rather, inter se two persons claiming themselves as tenant - Civil Court has jurisdiction to determine the said issue...........
Punjab Security of Land Tenures Act, 1953, Section 2(6), Punjab Tenancy Act, 1887, Section 2(8) -- Tenant - Includes a self cultivating tenant and liable to pay rent...........
Kerala Land Reforms Act, 1963, Section 103, 74, 75 -- Revisional jurisdiction of High Court - Maintainability - Appellate Court set aside order of Tribunal granting cultivating rights to respondent - Challenge - As per evidence on record respondent`s predecessor has been cultivating tenant in respect of land in question - Failure of appellants in proving genuineness of..........
Punjab Security of Land Tenures Act, 1953, Section 14 -- Eviction on the ground of non payment of rent - Tenant in cultivating possession of rented land on batai basis - Ejectment ordered u/s 14 of the Act without affording opportunity to deposit arrears of rent/batai - Held, provision of S.14 of the Act are peri materia with the East Punjab Urban Rent Restriction Act -..........
Adverse Possession -- Dholi land - Jamabandi entry showing forcible cultivating possession of suit land by 'Gair Marussi' tenant without payment of rent for more than 12 years - Possession over property open, hostile and to the knowledge of dholidars - No proof of induction as tenant - Adverse possession proved...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction against defendants restraining them from interfering or forcibly dispossessing plaintiffs alleging that their predecessor - in - interest was in cultivating possession of suit land and paying rent to landowners - Earlier revenue entries in favour of predecessor - in - interest of plaintiffs - Later..........
Punjab Security of Land Tenures Act, Section 9A -- Land belonging to uncle of tenant which tenant cultivating - Cannot be considered to be a tenancy in view of Rule 21 Punjab Security of Land Tenures Rules, 1956 - Such cultivation would be on behalf of owner of land - Punjab Security of Land Tenures Rules, 1956, Rule 21...........
