Agreement to sell -- Specific performance - Description of land changed by way of amendment of plaint due to the reason that there was change in the revenue record - No change of cause of action and there was no order restricting the amendment from the date of order - Amendment relates back to the date of filing of suit - Seeking amendment to update khasra numbers in terms..........
Punjab Land Record Manual -- Para 9.9 - Change of Khasra Girdawari after judgment of Civil Court - Order challenged on the ground that D.C. not competent to change entries when petitioner shown in possession of land in Khasra Girdawari as well as jamabandi - Civil Court holding respondent No. 4 in possession - Judgment attained finality - No irregularity or illegality..........
Specific Relief Act, 1963, Section 34 -- Permanent injunction - Plaintiff recorded in possession in jamabandi from 1971-72 to 1996-97 - Defendants reflected in possession in khasra girdawari for Kharif 1995 to Rabi 2000 - Reliance cannot be placed on entries in khasra girdawari - Entries in jamabandi carry presumption of correctness - Plaintiff in established possession,..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Entires in Jamabandi vis-a-vis Khasra Girdwari - Reliability - In jamabandi for the year 1971-72 onwards plaintiff recorded to be in possession - Entries in khasra girdwari for the period kharif 1995 to rabi 2000 reflects possession of defendants - Jamabandi entries cannot be rebutted on the basis of entries in..........
Co-sharer -- Sale of specific portion - Sale of specific khasra no. by co sharer will be a sale of share of joint land, subject to the rights of the other co sharers to seek partition. Bhartu's case 1981 PLJ 204 (FB) relied...........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Exclusive possession claimed on the basis of one entry in Jamabandi and Khasra Girdawari - Land in dispute described as 'Jumla Mustarka Malkan' - Change in entry in Jamabandi not supported by reason or the basis for such change - On the basis of stray entry in Jamabandi exclusive possession over the suit land cannot be..........
Punjab Security of Land Tenures Act, 1953, Section 24 -- Scope of review - Land declared surplus - Owner made secletion of permissible area out of post consolidation land alloted to him - Collector erroneously referred pre-consolidation khasra numbers in the order - Review of the said order santioned by Commissioner to indicate post consolidation khasra numbers - Collector..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Schedule II Article 17(iii) - Alienation of specific khasra number - Simpliciter suit for declaration that sale deed is null and void and not binding upon the rights of the plaintiff - Court fee payable is to be in terms of Schedule II Article 17(iii) of the Act - However, in case some consequential relief is sought then..........
Land Record Manual -- Para 7.29 - Correction by Fard Badar - Consolidation proceedings provided rasta of 5 karam wide and 52 karams in length comprising in khasra no. 131 - Area of khasra no. 131 (0-12) as per original Misal Haqiat Parat Sarkar - Entries in field book tempered by un- authorised cuttings - Area in khasra no. 131 shown as 4 marla instead of 12 marla - Order..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - By inadvertence khasra number of property not mentioned in plaint - Amendment sought to mention khasra number after 20 years - No evidence required to be led after amendment and only revenue documents to be tendered in evidence - Held, as plaintiff is relying upon some revenue documents, which are per se..........
