Limitation Act, 1963, Section 3, Article 61(a) - - Suit for redemption - Onus to prove that it is within limitation - Initial burden always on plaintiff - Must prove exact date on which mortgage had taken place - Cannot be assumed on the basis of mutation or revenue entries that mortgage created on any particular date - Such entries only prove existence or subsistence of..........
Punjab Land Revenue Act, 1887, Section 15 -- Review of mutation already incorporated in Jamabandi - Should not be done - Punjab Land Records Manual, Para 7.30...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation, sanction of - Cannot be done in the absence of clear title to property in dispute - Mutation of inheritance - Has to be sanctioned in favour of one party or the other because inheritance never remains in abeyance - Mutation in other cases - Can either be sanctioned or rejected...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of Shamilat Deh which came to be included within municipal limits - Sanction of in favour of Municipal Committee under Rule 3 of Punjab Gram Panchayat Rules - Punjab Wakf Board claiming property as wakf property on the basis of entries in Jamabandi Columns Nos. 5 and 6 of occupation of followers of Islam and..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, 44 -- Mutation - Object - To keep entries in record-of-rights up to date - Mutation proceedings 03' themselves do not determine question of right and title - Entries of mutation - Presumption of correctness attaches which is rebuttable - Entries of mutation not incorporated in subsequent record-of-rights - Much..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Sanction of on basis of Civil Court decree and registered sale-deed - Delay of over 20 years in moving Revenue Authorities - No satisfactory explanation - Revenue Authorities under no statutory obligation to sanction mutation...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Question of sanction of mutation - No writ petition maintainable - Revenue Authorities under no statutory obligation to sanction mutation after a delay of more than 20 years on the basis of Civil Court decree and registered sale-deed - Order refusing to sanction mutation - Not without jurisdiction - Punjab..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Unregistered Will - Genuineness disputed - Deciding intricate questions of law involving suspicious circumstances surrounding unregistered Will - Beyond scope of Revenue Officer - Revenue Officer within his jurisdiction not to sanction mutation on the basis of disputed unregistered Will - Should leave..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Registered document - Proper forum for challenging genuineness or otherwise of registered document - Civil Court - Party challenging validity of such document - Should go to Civil Court...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of registered gift-deed - Challenge to genuineness or otherwise of registered gift-deed - Revenue Officer has no jurisdiction to go into such intricate questions - Mutation should be sanctioned on the basis of registered gift-deed - Aggrieved party to go to Civil Court...........
