Civil Procedure Code, 1908, Order 7, Rule 3 -- Identification of property - Second appeal - No attempt made in Courts below to get property demarcated - High Court in second appeal cannot assume the role of the trial Court and that too without any application for getting demarcation done...........
Housing -- Non construction fee - Levy of - Physical possession of the plot including its demarcation not done by OP inspite of repeated requests - OP held not entitled in claiming non construction charges for the period from 1995 to 1999...........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Housing - Plot allotment - Paper possession - Extension fee - For non completion of construction - Absence of any document to show that OP - HUDA had indeed sent an offer of possession of the plot to the petitioner - complainant under its memo dated 29.12.1995 - There does not appear to be any valid reason for..........
Evidence Act, 1872, Section 115 -- Estoppel - Illegal and unauthorised possession - Suit for possession - Dispute regarding demarcation and identity of suit land - Dismissed by trial Court - Decreed by Appellate Court on the report of Local Commissioner - Issue `Whether the plaintiff is estopped by his own act and conduct from filing the suit' - Decided in favour of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Encroachment over path - Petition u/s 7 for ejectment from encroached part of path - Opposed on the ground that path sanctioned during consolidation not implemented at site and path reflected in Aks Shajra is incorrect - Paths have to be excavated in accordance with the Aks Shajra - Ejectment rightly ordered..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Housing - Plot allotment - Extension fee - Charging of - The OPs had not only denied the possession of the complete area of the allotted plot to the complainant - It further failed to demarcate the area of the plot as per sanctioned plan - OPs cannot be permitted to charge extension fee from the complainant as..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit land - Certified copy of map drawn by District Inspector of Land Records - Measurement map prepared by Public Officer in due course of official business - Held, description of suit land is adequate and proper in view of demarcation shown in the map...........
Hindu Law -- Joint Hindu Family - Alienation by Karta & Co-parceners - Question of legal necessity - Hindu Undivided Family consisting of Karta & his five sons (co-parceners) - Karta and 4 co-parceners sold ancestral land ` Possession delivered to vendee - 5th co-parcener did not consent to the sale & sold his land to a third person - Vendee forcibly dispossessed by..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13 -- Question of title - Land in dispute whether part of public passage vesting in Panchayat or private property - To be decided by Collector alone on the basis of demarcation - Civil Court has no jurisdiction...........
Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of Sarpanch - Suspension on allegations of non-cooperation with Revenue Officer in demarcation of land of Gram Panchayat and failure to take action against unauthorised occupants - During pendency of proceedings demarcation done and action initiated against unauthorised occupants - Suspension order set aside...........
