East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44 -- Order of Consolidation Officer challenged in Civil Court as illegal and without jurisdiction on the ground that earlier whole of particular Khasra number ha i been allotted to plaintiff which allotment changed by impugned order passed after lapse of 10 years - Impugned order..........
Punjab Land Revenue Act, 1887, Section 45 -- Suit for correction of Khasra Girdawari entries - Not competent - Only application for correction of entries lies under Para 9.9 of Punjab Land Records Manual...........
Punjab Land Revenue Act, 1887, Section 16 -- Financial Commissioner set aside order of Commissioner on the ground that for correction of Khasra Girdawari entries no suit competent and only application lies under Para 9.9 of Punjab Land Records Manual - No doubt technically Financial Commissioner correct but not justified in setting aside order of Commissioner - Financial..........
Punjab Land Records Manual -- Para 9.9 - Correction of Khasra Girdawari entry - Land in dispute proceeded against under Section 145 Criminal Procedure Code and matter still under adjudication in those proceedings - Correction of entry in Khasra Girdawari after spot inspection by Revenue Officials - Not correct - Factum of possession is to be decided by Executive..........
Punjab Land Revenue Act, 1887, Section 45 -- Suit for declaration by person in possession of land claiming to be aggrieved by entries in Khasra Girdawaris - Decree of Civil Court - Not ultra vires - Binding inter se between the parties - Does not bind persons not made parties to declaratory suit...........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 34C -- Sub-lessee claiming transfer of urban evacuee land - Declaratory decree in favour of person in possession claiming to be aggrieved by entries in Khasra Girdawaris - Binding inter se between the parties - Declaratory decree to be taken into consideration whatever may be its evidentiary value...........
Punjab Tenancy Act, 1887, Section 4(5) -- Tenancy - Conies into existence only when a bilateral agreement between the parties - To prove a tenant - One of the material circumstances - Liability to pay rent - Only when conclusion reached that person liable to pay rent, can it be held that person claiming to be tenant, is a tenant under landowner - Amount of rent not..........
Khasra Girdwari -- Entries in Khasra Girdawari- Can be relied upon unless evidence to the contrary - Evidence Act, Section 35...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Failure to pay rent regularly without sufficient cause - Ejectment application by purchaser from original landowner - No notice given to tenant of new ownership - Ownership column of Khasra Girdawaris name of previous owner continued - Tenant did not fail deliberately to pay rent - Revenue Officer not justified..........
Punjab Land Records Manual -- Para 9.9 - Correction of Khasra Girdawari entry - Civil Court finding regarding possession - Binding on Revenue Officers - Revenue Officers cannot sit over findings of Civil Court between the parties - Cannot rectify entry in Khasra Girdawari by holding possession to be of another person contrary to findings of Civil Court...........
