Adverse possession - - Removal of name of absentee co-sharer from revenue records at the instance of other co-sharers in possession of land - Does not amount to overt act amounting to ouster and commencement of adverse possession of other co sharers in possession - Correctness of rule of law laid down in Amar Singh's case A. I. R. 1937 Lahore 890 Doubted - Mere attestation..........
Transfer of Property Act, 1882, Section 43 -- Scope of - If any dispute or defect in title and title made good later after sale or transfer - Benefit will go to make sale or transfer as good to the extent vendor acquires title after transfer - Vendor by mutation of inheritance recorded owner of 1/6th share - Sale of entire share in land inherited - Court later found vendor..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of a negative decree i. e. finding recorded in a suit which failed - Not permissible -Before Revenue Authorities decide to attest mutation of the basis of Civil Court decree there must be a clear finding in favour of a person who claims the right...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Attestation of mutation of ownership in favour of mortgagee as mortgagor's suit for redemption dismissed by Civil Court - Not permissible - Finding in the suit that mortgagor lost his right to redeem mortgaged property - No finding or decree given in favour of mortgagee holding that he has become owner - Only after..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11 - - Matters which Commissioner or Collector empowered by or under this Act to determine - Jurisdiction of Civil Court barred - Collector has jurisdiction to decide claims Contemplated under Section 11 - Suit for declaration that plaintiffs and proprietors of village owners of suit land jointly and owners in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7(2) -- As in Haryana State - Mutation which forms foundation of revenue record and by virtue of which land mutated in name of Gram Panchayat set aside by High Court- Land cannot be held to be in ownership of Panchayat on the basis of such mutation in proceedings under Section 7(2) - Question whether land Shamlat..........
Limitation Act, 1963, Section 27 -- Similar to Section 28 of Old Limitation Act, 1908 - Not only bars remedy but also extinguishes title - Right of redemption extinguished by lapse of time - Cannot be revived even by consent of parties - Even if mortgagee agrees to redemption, mortgagor's rights not revived - Mutation of redemption after period prescribed under Limitation..........
Punjab Land Revenue Act, 1887, Section 44, 34, 35, 36, 37 -- Mutation - Not a document of title...........
Limitation Act, 1963, Article 58 -- Sanction of mutation of redemption - Plaintiff remained in possession of land even after sanction of mutation in favour of defendant - Can ignore entry of mutation - Plaintiff can come to Court when there is a threat to his possession...........
Adverse possession -- Defendant got suit land in exchange from ancestor of plaintiffs and in possession thereof as such - Entries in jamabandis "Ghair Maurusi Bawaja Exchange" - Mutation of exchange when not sanctioned - Exchange recorded as tenant instead of owner - Defendant in possession of land for more than 12 years at the time of riling suit - Becomes owner by..........
