Punjab Security of Land Tenures Act, 1953, Section 10A, 2(3), 2(5A), 88, 89 - - Whether order declaring area to be surplus passed before 1st November, 1966 and became final but surplus area not utilised by Government would continue to have effect after enforcement of Punjab Reorganisation Act, 1966 - Government has under the Act unfettered right without any time limit to..........
Adhlapi tenure -- A man who sinks a well in land which does not belong to him with owner's permission - Becomes proprietor of half the land which it commands - Very commonly cultivates or arranges for cultivation of whole of land, takes half of proprietor's share of produce, and pays half the land revenue - Punjab Settlement Manual by Douie, Para 173...........
Adverse possession -- Possession in order to be adverse must be hostile to that of true owner - Article 65 of Limitation Act comes into play only when person in actual occupation for statutory period in denial of title of true owner - Adverse possession must commence with wrongful dispossession of rightful owner at some particular time - Must be actual, open, notorious,..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Resumption of plot for failure to construct building - Uncertain future of city of Chandigarh during last 20 years after 1st November, 1966 when Union Territory of Chandigarh came into existence - Owner of a site if not able to complete construction or even undertake constructio, Cannot be accused for..........
Easement Act, 1882 -- Digging a well by owner in his property adjacent to property of another - it is an actionable nuisance - grant of mandatory injunction is legal...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Determination whether Gram Panchayat owner in possession of suit land claimed as shamilat deh-jurisdiction of Civil Court barred by Section 13 - Plaint should be returned for presentation to competent authority...........
Custom -- Succession - On extinction of male line of descent it is treated as never having existed - Last male owner dying issueless- Succession to be reckoned with reference to last male owner who died leaving behind male descendants - Last male owner - B died unmarried- On his death succession to be reckoned with reference to his father - D - Mother - C cannot be said..........
Adverse possession -- Trees - Ownership - Trees planted by predecessor-i, interest of defendant on land found to be in ownership of plaintiff - Defendant not entitled to remove trees - Trees belong to owner of land and not to planter...........
Hindu Succession Act, 1956, Section 14(1) & (2) -- Applicability of S.14(1) - Absolute estate - Unless a female Hindu was a limited owner when she acquired the property it will not become absolute estate under S.14(1) - Settlement of half of property by husband to wife for her life with vested remained to son, out of love and affection - No pre-existing right in property -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunctio, Normally not granted in case a person wants to take possession by executing a decree - Ad interim injunction that plaintiff may not be dispossessed by force - Defendant declared owner in civil suit and in execution obtained symbolic possession - Ad interim injunction declined by trial Court but granted by..........
