Dholidar -- Three decades ago land and property with well given to appellant as Dholi for performing religious functions and to run Dharamshala and provide drinking water to general public - Appellant thereafter started living in the property and ceased to do religious activities - Appellant claimed to be tenant which he failed to prove - Order of eviction upheld...........
Punjab Land Revenue Act, 1887, Section 44 -- Presumption of truth attached to entries in jamabandies - Stray entry - Plaintiff shown to be in possession of land as Dholidar in jamabandi for the year 1964-65. Entries repeated in subsequent jamabandies - Stray entry in jamabandi for the year 1984-85 in favour of defendant -Entries changed without authority - No material to..........
Dholi Tenure -- Holding - Rights are acquried by a Brahman, who receive it as a death-bed gift from landowner and as a Dholidar he is in a status of 'Malik Kabza' - Dholidar responsible for payment of land revenue - Entitled to let out, mortgage or sell the land according to his wishes...........
Punjab Security of Land Tenures Act, 1953, Section 8, Punjab Tenancy Act, 1887, Section 59 -- Dholi tenure vis-s-vis Occupancy tenure - Distinction - Dohli Tenure not same as occupancy tenure - Occupancy tenure is capable of sale carrying with it pre-emptory obligation to offer it in the first instance to landowner - No such obligation in Dholi tenure - Occupancy rights..........
Dholi Tenure -- Nature of and restrictions thereof - (i) The `dholi' tenure may be a rent free grant for the benefit of a temple, mosque or shrine or to a person for a religious purpose and the grant continues till the holder carries out the duties of his office and can be terminated on failure to carry out the said duties as held in Sewa Ram's case, AIR 1922 Lahore 126..........
Punjab Security of Land Tenures Act, Section 14A(ii) -- Dholidar filed application for ejectment of tenant being in arrears of rent-Entitled to recover rent from tenant as Dholidar is a landowner-Tenant if failed to pay rent nor had shown sufficient cause for non-payment of rent-Liable to be evicted...........
Dholi Tenure -- Dholi tenure is instance of Malik Kabza-Neither a perpetual tenancy nor covered by concept of tenancy-Dholidar though not an owner of land, yet a landowner because he is in possession of land and responsible for payment of land revenue...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(3)(i), 4(l)(b) -- Execution application by Gram Panchayat who obtained a decree for possession of suit land as Dholidar had no right to transfer dholi-tenure - Objection by judgment debtors that they have their houses on land in question for the last 60 years and as land was dholi-tenure, therefore Gram..........
Dholi -- Restriction put on dholidar not to alienate or mortgage dholi land - Not void...........
Dholi -- Dholidar created lease for 99 years - Lessee not to be evicted from land before expiry of 99 years - Amounts to permanent alienation - Void ab initio - Dholidar not estopped from challenging validity of transaction...........
