Custom -- Succession - On extinction of male line of descent it is treated as never having existed - Last male owner dying issueless- Succession to be reckoned with reference to last male owner who died leaving behind male descendants - Last male owner - B died unmarried- On his death succession to be reckoned with reference to his father - D - Mother - C cannot be said..........
Custom -- Rule that custom contained in Riwaj-e-Aam governs ancestral property only - Not a universal rule applicable to every type of custom...........
Custom -- Remarriage of widow - After remarriage widow breaks all her ties with family of her deceased husband and accepts membership of her new husband- Widow on account of remarriage loses all her rights to land to which she succeeded only as widow of first husband- Applicable to entire property of deceased husband of widow irrespective of the fact whether it was..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14A -- Ejectment on ground of no, payment of rent from Rabi 1974 to Kharif 1979 - Inconceivable that landlord would have kept quiet for years together if he had not been paid rent - Claim of tenant that in fact rent paid upto Rabi 1979 - Although no receipt produced evidence on record that no custom in village of..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3 - - Alienation successfully challenged by reversioners - Declaratory decree converted sale of occupancy rights into mortgage and after death of alienor reversioners entitled to redeem land on payment of amount of sale consideration - Result of declaratory decree - Sale of occupancy rights held..........
Custom --Ancestral property bequeathed by will - Parties governed by Custom of Rohtak District - Sister of testator challenged will - No legal right to challenge alienation in view of Full Bench judgment in Rati Ram's case, A. I. R. 1981 Pb. & Har. 376, and provisions of Section 6 Punjab Custom (Power to Contest) Act...........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, 4 -- Suit challenging sale not to effect reversionary rights - Compromise that sale be cancelled, vendee be deemed mortgagee and land can be redeemed after 5 years - Decree granted in terms of compromise - Not usual declaratory decree that sale not to effect reversionary rights - Resultant effect of decree : no sale,..........
Himachal Pradesh Land Revenue Act, 1954, Section 35, 36, 37, 38, Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Hindu Succession Act, 1956, Section 8 -- Mutation of inheritance - Succession to ascetic (irrespective of fact whether property acquired out of funds of religious trust or by one's own funds) - Governed by custom of religious order to which ascetic..........
Punjab Pre-emption Act, 1913, Section 15 -- Violation of equality clause in Article 14 of Constitution - No fundamental or inherent right to pre-empt sales under the law - A person cannot claim any inherent right of pre-emption unless conferred by recognised custom or expressly by statute - Question of discrimination or violation of equality clause in Article 14 cannot..........
Punjab Gram Panchayat Act, 1953, Section 81(1), 82(2), 85 -- Gram Panchayat gave contract for removing dead-bodies of animals from streets of village - Recovery of balance of amount due on contract as arrears of land revenue - Illegal - Section 81(1)(f) entitles Gram Pa, Chayat to sale proceeds of dead-bodies of animals which are not claimed by any person in accordance..........
