Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutatio, Enquiry about relatives and heirs of deceased - Should be made through Lambardar and other respectables of the village - Mutation sanctioned at the back of necessary and interested parties - Results in miscarriage of justice - Not proper to leave parties to get their grievances redressed through Civil Court...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutatio, Proceedings summary in nature and character - Revenue Officer not to decide intricate question of law and fact - Legality and validity of adoption, competency of adoption or revocation by adoptive perso, Cannot be gone into in mutation proceedings - Civil Court is the proper forum for adjudication of such..........
East Punjab Utilisation of Lands Act, 1949, Section 7 -- Constitutionality of - Not ultra vires - Constitution of India, 1950, Article 14.Where it was contended that Section 7 of the East Punjab Utilization of Lands Act is violative of Article 14 of the Constitution because there would be two or more remedies available to the authorities to which they can resort, held,..........
Constitution of India, 1950, Article 226, 227 -- Writ jurisdictio, Orders passed by Revenue Authorities under Punjab - and Revenue Act within their jurisdictio, Mere fact that somebody else might have passed a different order - Does not imply that order was illegal or without jurisdictio, Writ petition cannot be used as an appeal against orders of Revenue Authorities -..........
Constitution of India, 1950, Article 226 -- Writ jurisdictio, Point not agitated before Revenue Authorities nor in writ petition - Cannot be allowed to be raised - Punjab Tenancy Act (16 of 1887), Section 70 Where it was contended that the resettled tenants have an inherent right to get compensation under Section 70 of the Punjab Tenancy Act and that this right could not..........
Punjab Pre-emption Act, 1913, Section 3(5)(a) - - Sale in execution of decree for specific performance of agreement to sell - Pre-emptible. Sale in execution of the decree for specific performance of the agreement to sell passed in favour of the vendees is pre-emptible. (1965 P. L. R. 74 Reiterated) (Para 5) The words in Section 3(5)(a) of the Punjab Pre-emption Act are..........
Punjab Security of Land Tenures Act, 1953, Section 18, 10A(b) -- A(b) - Transfer ignored and land declared surplus area of big landowner - Surplus area utilised by resettling tenants - Transferee a small landowner recorded in revenue records as the owner - Purchase application under Section 18 by resettled tenant - Rights not to be seen vis - a - vis the transferee -..........
Punjab Tenancy Act, 1887, Section 4(3), 4(5) -- Rendering of services to landlord - Tantamount to payment of rent - Person recorded as tenant in revenue record - Mere fact that no cash rent or rent in kind paid - No ground to hold that he was not a tenant when rent paid by way of services. If the definition of 'rent' in Section 4(3) of the Punjab Tenancy Act is adverted to..........
Punjab Land Revenue Act, 1887, Section 16 -- Revisio, Appointment of Lambardar - Choice made by Collector - Not to be interfered with ordinarily. The choice made by the Collector should not ordinarily be interfered with unless it is shown to be perverse or not in accordance with the provisions of the relevant rules. This is particularly so in cases where the choice made by..........
Punjab Tenancy Act, 1887, Section 80, Punjab Security of Land Tenures Act, 1953, Section 24 - - Collector exempting certain area being under orchard - No appeal filed by State against Collector's order exempting area under orchard - Order exempting area under orchard became final - Appeal by landowner against declaration of surplus area - Revenue Authorities have no..........
