Khasra Girdwari -- Entry Change in - Person recorded as lease-holder for 99 years since 1968 continuously till 1987 when lease entries changed into entries of tenancy without any notice to lease-holder or order of competent authority - Lease for 99 years of land of Smadh - Null and void - Lease-holder cannot insist to be recorded as lease-holder in revenue record - Even if..........
Khasra Girdwari -- Entry regarding possession - Revenue Officer while making entries in Khasra Girdawari Register supposed to record actual possession on the spot - Possession may not have been obtained through legal means - Even then factum of actual possession to be incorporated in revenue record - Punjab Land Revenue Act, Section 33(3) - Punjab Land Records Manual, Para..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Mistake of Consolidation Department - Correction of - Matter cannot be taken out of judicial scrutiny on the ground that the same barred by limitation - On account of double allotment landholder denied legitimate share of holding on re - partition on the ground that Khasra number..........
Khasra Girdwari -- Entry correction of - New Jamabandi since been prepared - Revenue Officer not competent to make any correction, whatever the entries therein - As regards subsequent period - Parties at liberty to agitate the matter de novo - Punjab Land Records Manual, Para 9.9...........
Specific Relief Act, 1963, Section 37, 38 -- Demolition of room constructed by one joint owner inspite of status quo order - Concurrent finding of fact of Courts below that plaintiff is joint owner of the suit land - Assertion of defendant that he is in exclusive possession of suit land not accepted by Courts below - Conclusion of Courts below supported by mutation..........
Co-owner -- Court passed interim order requiring parties to maintain status quo in a suit for prohibitory injunction to restrain defendants from effecting construction on joint land and in case defendants succeeded in effecting construction that structure be demolished and land restored to its original position-Finding that plaintiffs joint owners and also in joint..........
Punjab Tenancy Act, 1887, Section 4(5) -- Tenant, status of - Khasra Girdawari entry - 'Gair Marusi Bila Lagan Bawaja Muhaiada Bai Tasdik Hui' - Status of person cannot be termed or accepted as that of a tenant...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At second appellate stage - Suit for permanent injunction - Defendant found to be in possession of one particular khasra number - Suit decreed except that particular khasra number which was found to be in possession of defendant - Amendment sought to seek alternative relief of possession - Allowing..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree based on khasra girdawari entries - Khasra girdawari entries ordered to be corrected - Held, J.D. is entitled to raise objection that decree has become unexecutable on the ground that the decree holder has lost the status on which the decree was based - Contention repelled that any subsequent order or change in..........
Adverse possession -- Joint Family Property - Claim of adverse possession has to be proved by leading cogent and sufficient evidence - Mere entry in the Khasra Girdawari is not enough to prove an adverse possession over such property...........
