Punjab Land Revenue Act, 1887, Section 2(8) -- as amended in Haryana - Defaulter, who is - Lambardar who has not collected land revenue - Not a defaulter - Failure of Lambardar to collect land revenue from persons liable to pay the same and deposit into Government Treasury - Does not render Lambardar a defaulter...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3), 2(g)(5) -- Relative scope of - Any land described as Banjar Qadim and falling in Shamlat Taraf or Shamlat Patti according to revenue record - Governed by sub-clause (5) and not sub-clause (3) - Sub-clause (3) is a general clause and includes in its ambit lands of all qualities whether Banjar Qadim, Banjar..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3) -- Expression "for the benefit of the village community or a part thereof" - Interpretation of - Benefit must include in its ambit not only the owners of the land of the Patti or Taraf concerned, but also the village community as a whole or a part thereof which would include all sections of population of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g), 3(1) -- Ejectment proceedings - Main question that must be considered - Whether land shamilat deh within meaning of Section 2(g) read with Section 3(1) - Failure of Authorities to give a finding whether according to revenue records land was not used for benefit of village community or part thereof or for..........
Punjab Land Revenue Act, 1887, Section 44 -- Land situated in former Princely State - Even though real owners in actual possession and enjoying fruits of their holding - Common practice to show Government as owner in revenue records...........
Punjab Land Revenue Act, 1887, Section 3(2), 3(6) -- Sankalpnama transferring absolute ownership alongwitL muafi over the land-Restriction on alienation of muafi - Not applicable as Sankalp-nama an outright gift with no strings attached - Transfer of absolute ownership implies power to alienate - Resumption of muafi - Does not take away ownership rights of beneficiaries...........
Punjab Land Revenue Act, 1887, Section 36, 13, 14, 15, 16 -- Correction of Khasra Girdawari entry - Order not a purely "executive orders-Determines dispute in terms of Section 36 - Subject to appeal, review and revision under Sections 13 to 16 of the Act - Order directing correction of Khasra Girdawari entry - Cryptic and no, speaking - Set aside - Land Records Manual,..........
Land Records Manual - - Para 9.9 - Correction of Khasra Girdawari entry - Substantive provision of law under which order correcting a Khasra Girdawari entry is passed - Section 36 of Punjab Land Revenue Act - Subject to appeal, review and revision as contained in Sections 13 to 16 of the Act-Land Records Manual - Prescribed by Financial Commissioner - Para 9,9 prescribes..........
Punjab Land Revenue Act, 1887, Section 33(3) -- Khasra Girdawari register - Chapter IV of the Act contemplates preparation of - Section 33(3) and preamble of Land Records Manual makes it clear that Khasra Girdawari is one of "such registers" - Land Records Manual, Para 9...........
Punjab Land Revenue Act, 1887, Section 45 -- Entry in record-of-rights - Any person aggrieved - Entitled to seek relief under Section 34 Specific Relief Act - Defendant cannot urge that plaintiff should not feel aggrieved by entry in record-of-rights - Plaintiff in suit for declaration need not ask for further relief - Suit for declaration that plaintiff in cultivating..........
