Benami transaction -- Burden of proof-burden of proving that a particular sale is Benami and the purchaser is not the real owner is on the person asserting so...........
Will -- execution in favour of wife and after the death of wife, land to be taken by three sons in equal share - wife executed Will depriving one son of his one third share - whether wife became the absolute owner and a further Will executed by her is valid - Will interpreted and Held that only a limited estate was given under the Will to the wife...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4a) -- As inserted by Haryana Act 23 of 1973 - Wholly meaningless-Not permissible to substitute word "owner" by word "possession" to give some meaning to newly inserted clause-Only vacant land situate in Abadi Deh and Gora Deh not owned by any person which is included in definition of Shamilat Deh by virtue..........
Punjab Security of Land Tenures Act, 1953, Section 18, 10A -- Order under Section 18 allowing purchase of surplus area became final as no appeal filed, full amount paid and purchaser became owner - Utilisation of surplus area and possession given to resettled tenant before order under Section 18 passed allowing purchase - Plea that remedy lies in Civil Court and not before..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Application for being impleaded as a party on the ground that suit property belonged to it and was in its possession - Plaintiff in suit for permanent injunction claiming himself to be owner in possession - Not seeking any relief against applicant - Claim of ownership of applicant cannot be decided in the suit- Any decree..........
Specific Relief Act, 1963, Section 38, 41(h) -- Suit for permanent injunction restraining defendant from alienating land because of agreement of sale in favour of plaintiff - No actionable claim so far as land subject-matter of sale is concerned because no suit filed for enforcement of agreement of sale - Decree for injunction also passed in violation of Section 41(b) -..........
Adverse possession -- Adverse possession by co-owner - Revenue record in ownership column proprietorship of Pana Pinqal and in column of cultivation Basreh Parta Dehi - Plaintiffs and defendants co-owners- Non-payment of rent by plaintiffs - Would not make them owners by adverse possession - Mere no, participation in rent and profits of land by a co-sharer - Does not..........
Land Acquisition Act, 1894, Section 23, 3(a) -- Trees standing on land, not because of any plantation done by owner but as a result of natural and wild growth, compensation for - Irrespective of the fact that trees is a contribution of nature alone or these were planted by owner - Claimant entitled to compensation for trees when his land on which trees stand has been..........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 3, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21 -- Repartition proceedings - Allotment of land of Shamilat Deh to co-sharers - Occupancy tenant over land of Shamilat Deh who by operation of law, Punjab Occupancy Tenants (Vesting of Proprietary Rights)..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition - Shamilat land belonging to proprietary body Two well-recognised modes of partition : (1) on the basis of land revenue payable by each owner called 'Hasab Zar Khewat'; and (2) on the basis of land owned by each proprietor called 'Fasab Rasad Khewat'- Any co-sharer or proprietor in joint..........
