Punjab Land Reforms Act, 1972 - - Practice & Procedure - Civil Court decree obtained against general public - Held, decree will not be conclusive against State since State was not made as a party - Such civil Court decree must be merely treated as a weak evidence and authority will be competent to decide issue in question without reference to civil Court decree...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(i) -- Vesting of land in Gram Panchayat - Shamilat Deh Hassab Hissa Halsari - Land in question described as `Shamilat Deh Hassab Hissa Halsari' in revenue record - Held, such land vests in Gram Panchayat u/s.2(g)(i) r/w s.4 of the Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(5)(viii) - - Shamilat deh - Eviction proceedings - Title suit - Appellants' contention that AC 1st Grade did not convert eviction proceedings in a title suit and thus, they were deprived of opportunity to lead evidence to establish that they were in individual cultivating possession of land in dispute prior..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(i), 4 -- Vesting of land in Gram Panchayat - In Jamabandi for year 1955-56, land in question was recorded as `Shamlat Deh Hasab Rasad Zar Khewat Wa Sanai Mahajrin' - Held, such land vests in Gram Panchayat u/s.2(g)(i) r/w s.4 of the Act...........
Land Acquisition Act, 1894, Section 18, 26(2), 54 -..........
Civil Procedure Code, 1908, Section 115, Land Acquisition Act, 1894, Section 54 -- Land acquisition - Award passed by reference Court - Revision thereagainst - Maintainability - Held, an award passed by reference Court is a decree irrespective of the fact that whether an enhanced compensation is given or not - Appeal against such award would lie u/s 54 of Land Acquisition..........
Land Acquisition Act, 1894, Section 4 -- Acquisition - Non-issuance of public notice as required u/s 4 of the Act - Held, non-compliance with mandatory requirement of S.4 of the Act invalidates entire acquisition proceedings and requires to be declared as null and void...........
Possession -- Plaintiff filed suit against defendants alleging that he is co-owner to extent of half share in suit land - He proved that defendants have encroached upon suit land - No rebuttal to credible evidence led by plaintiff - Defendants have also not claimed ownership over suit land nor claimed adverse possession thereon - Held, defendants are in illegal possession..........
Ownership -- Claim on basis of occupancy right - Defendant was recorded to be occupancy tenant over suit land in revenue record - Even, defendant became owner of suit land on coming into force of Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act and mutation was also sanctioned in favour of defendant depicting it as owner of suit land - There is no evidence to..........
Registration Act, 1908, Section 17, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Sale deed - Refusal to register - Temporary injunction restraining specific individual from executing sale deed or transferring the property - Held, Sub Registrar can refuse to register sale deed - Order of refusal cannot be found fault on the ground that Sub Registrar or purchaser of..........
