Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15 -- Eviction order passed under the Act challenged in Civil Court - Prima facie not competent - Enquiry by Estate Officer under the Act - Quite elaborate - 'Estate Officer competent to record a finding on a question of title between the parties - Finding on question of title affirmed in appeal by..........
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,..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 9 -- Whether Additional District Judge has to satisfy requirement of 10 years' standing - Additional District Judge falls in category of District Judge - Does not have to satisfy requirement of 10 years' standing in order to be legally competent to deal with appeal in terms of Section 9(1)-Bawa Gopal..........
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 Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Notice for removal of unauthorised encroachment - Right to property as also to evict challenged - No document of title showing vesting of land - Recourse to provisions of the Act cannot be had...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Notice of encroachment upon area 50' x 2' of public street by constructing Chaunkari (slightly raised platform) - Order of eviction from land and removal of Chhapar - No notice issued by Collector of unauthorised occupation of Panchayat land and construction put up in the form of..........
Punjab Security of Land Tenures Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 4(5), 4(6) -- Ejectment order obtained by landlord against tenant, although not executed - Puts an end to relationship of landlord and tenant - Tenant looses status of tenant after order of ejectment and has no right to continue in possession - Possession after eviction decree without..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 7, 9 -- Eviction can be ordered if provisions of Act complied with - Commissioner in deciding appeal on merits against ex parte eviction order did not touch this aspect of case - Order bad in law - Set aside...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 9 -- Appeal against eviction order - Notice under Section 7(2) challenged in Civil Court dismissed on the ground of no, service of notice under Section 80 Civil Procedure Code upon State - Not correct that appeal not maintainable on account of dismissal of suit...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Procedure for eviction of person in unauthorised possession of Shamilat land - Summary in nature - Section 7 pre-supposes that land about which application made is Shamilat answering description given in the Act - Assistant Collector being a Tribunal of very limited jurisdiction cannot enter into inquiry..........
