Punjab Security of Land Tenures Act, 1953, Section 14A(i) -- Ejectment proceedings - Amendment of written statement - Amendment if germane to the matter in issue - Should be allowed in the interest of justice - Mere ground of delay - Should not be allowed to stand in the way of giving justice...........
Punjab Security of Land Tenures Act, 1953, Section s, 14A(i), 9(1)(ii) -- Compensation for improvements - Claim of tenant for compensation for improvements ordered to be decided afresh after giving full opportunity of being heard to the parties - Tenant's failure to pay rent regularly without sufficient cause established - Ejectment orders upheld - Punjab Tenancy Act,..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Repudiation of tenancy or disclaimer of landlord's ownership - Tenancy not forfeited - Tenant does not become trespasser over land - Mere repudiation by tenant does net determine a tenancy and render his possession adverse - Disclaimer of landlord's title does not entail penalty of forfeiture to enable landlord to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue entries show plaintiff in possession of suit land not only in up-to-date Khasra Girdawaris b at also in latest Jamabandi - Prima facie plaintiff in possession of land - Ejectment order by Assistant Collector - Plaintiff not a party to that order - No reliance can be placed on ejectment order at this stage -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g) -- Application by Gram Panchayat for ejectment of unauthorised occupant - Land reserved for common purposes during consolidation proceedings - Not shamilat deh as defined in Section 2(g) - No jurisdiction with Assistant Collector to entertain application under Section 7...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit by U and J for declaration that plaintiff U in possession of land and for permanent injunction restraining defendants from interfering in peaceful possession of land - Averments in written statement that J who was in possession of land on application by defendants under Punjab Security of Land..........
Punjab Security of Land Tenures Act, 1953, Section s, 9(1 - - Onus to establish sufficiency of cause for no, payment of rent - On tenant - Absence of any plea by tenant of sufficient cause - Non-payment of rent established - Sufficient to order ejectment - Objection that before ordering eviction Revenue Authorities should have recorded a categorical finding that no,..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment for no, payment of share of produce of crops without sufficient cause - Tenant approached Revenue Officers for appraisement - Shows tenant keen to pay correct rent as assessed by competent authority - Implies that tenant shall pay rent as assessed by Revenue Authorities on applications filed by tenant..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 13B - - Ejectment on ground of unauthorised occupation - Denial of claim of Gram Panchayat to be owner of land on the basis that land was not Shamilat Deh - Assistant Collector should stay his hands from summarily proceeding under Section 7 - Should first take to proceedings under Section 13-B - Unless title..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Gram Panchayat sought ejectment on ground of unauthorised occupation of land vested in Panchayat - Occupant set up title in himself in land concerned - Before entering upon matter raised under Section 7, Assistant Collector should determine question of title in the first instance...........
