Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiffs found to be in possession of land although as trespassers - Courts have no option but to issue injunction to defendants from disturbing plaintiffs' possession except in due course of law...........
Punjab Land Reforms Act, 1972, Section 5(1) -- Notice to tenant while determining surplus area of landowner - Tenant came into tenancy after appointed day i. e. 24.1.1971 - Not entitled to notice or hearing - Only the person who was a tenant on appointed day entitled to a notice and hearing when surplus area of landowner decided - Tenant on appointed day entitled to select..........
Civil Procedure Code, 1908, Order 21, Rule 66(2)(a) - - Only so much of property should be said which can satisfy decree and not whole of it - Judgment-debtor owned only one Killa of land and in execution of decree for principal sum of Rs. 280/- plus interest and costs auction sale of whole land for Rs. 1,000 - Auction sale set aside...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment for failure to pay share of produce without sufficient cause - Sufficient cause for failure to pay rent neither pleaded nor shown - Finding that tenant failed to pay rent for one crop and earlier also payment of rent consistently to be obtained by filing applications or suits - Default on part of..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Section 18 does not require that a tenant with 6 years continuous possession as such must be a tenant before 15th April, 1953 - No condition that tenancy land should be other than surplus land - Supreme Court ruling in Punjab State's case 1974 P. L. J. 74 deals with cases where order of purchase in favour of tenant..........
Transfer of Property Act, 1882, Section 111(d) -- Land mortgaged by M with Co-operative Bank to secure loan - K & T tenants in occupation of land - Failure of M to repay loan amount- Sale of land in executio, Purchase of land in auction by tenants K & T - Later on M sold equity of redemption in part of land to KS & J - Suit for redemption by KS & J and M against K & T -..........
Punjab Tenancy Act, 1887, Section 82 -- Effect of allowing review - Review allowed only to limited extent - Earlier order did not become no, existent but stood modified only to the extent review specifically allowed and remaining order became final - Application by old tenants for review of order declaring surplus area of landowner so as to exclude tenancy land from..........
Punjab Utilisation of Surplus Area Scheme, 1973 -- Eligible person, entitlement to notice and hearing - Land declared surplus and possession taken by State and allotted - Petitioner not shown as a tenant : (i) in declaration in Form 'A' by landowner, (ii) in report of Circle Revenue Officer in surplus area proceedings, and (iii) in the order of Collector declaring surplus..........
Civil Procedure Code, 1908, Section US, Order 6, Rule 17 - - Amendment of plaint after expiry of period of limitation in pre-emption case - Even when applying provisions of Punjab Pre-emption Act approach of Courts cannot be too technical and pedantic - Suit filed on behalf of minor-pre-emptor - Relationship of pre-emptor with vendor clearly brought out in plaint -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in a suit for permanent injunction restraining defendants from dispossessing plaintiff from land as land in dispute owned by Trust and not by Murti therefore ejectment orders against plaintiff null and void - Ejectment orders under Punjab Security of Land Tenures Act against plaintiff passed by..........
