Evidence Act, 1872, Section 114 -- Documentary evidence shows plai, tiff and earlier his father to be in possession of suit land - Nothing to show: (i) how and under what circumstances father of plaintiff surrendered possession to defendants, and (ii) on what basis entries made in favour of defendants in revenue record showing possession of defendants over suit land - For..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Himachal Pradesh Land Revenue Act, 1954, Section 34, 35, 36, 37, 38 -- Change of revenue entries - On the basis of possession - Not justified - On ground of private partition - Private partition not corroborated by documentary evidence and dispute (about status) between the parties - Revenue entries should not be..........
Punjab Land Revenue Act, 1887, Section 37, 36, 44(, 38, 37, 45 - - Correction in Jamabandi entries - Cannot be done except in accordance with prescribed procedure - Even if Jamabandi entries incorporated fraudulently and in collusion with revenue field staff - Correction can done only be in accordance with law - Correction of revenue entries on the basis of possession -..........
Limitation Act, 1963, Article 58 -- Wrong entries in revenue papers - Co-sharer in possession of his share of land - Under no obligation to file a suit for declaration of his title of property claimed by him - Wrong entries in revenue papers, though give a right to him to file a suit for their correction but he can ignore the same, as he is in possession - Co-sharer in..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 43, 47 -- Section 43 enabling provision to restore possession to various persons by a summary procedure if wrongfully or unauthorisedly dispossessed - Revenue entries show possession of land by tenants till Rabi 1963, tenants did not surrender their tenancy nor ordered to be ejected in any proceedings - Tenancy rights..........
Punjab Tenancy Act, 1887, Section 4(8), 4(5) -- Determination whether possession of alleged tenants unauthorised or without any right - Revenue entries right from 1958 to Rabi 1963 show alleged tenants to be in possession of land as tenants-at-will - Tenancy rights can be terminated either by a contract or by one of the modes provided in law - No implied surrender of..........
Punjab Land Revenue Act, 1887, Section 45, 44 -- Suit by co-sharer for declaration of ownership to the extent of his share and entitlement to seek partition from Revenue Court - Jamabandi entries : (i) in column No. 4 of ownership, plaintiff recorded as owner of 1/4th share and N recorded as owner of 1/4th share ; (ii) in column No. 5 of person in occupation, entire land..........
Punjab Tenancy Act, 1887, Section 50, 77(3)(g) -- Suit in Civil Court for correction of entries in revenue record and for recovery of possession - Maintainability of - For first relief of correction of entries in revenue record Civil Court has jurisdiction - For second relief of recovery of possession also Civil Court will have jurisdiction since a composite suit wherein..........
Punjab Tenancy Act, 1887, Section 100, 73(3)(g) -- Suit filed in Revenue Court for correction of Khasra Girdavaris and Jamabindis - Dismissed as not maintainable with observations may seek remedy by filing suit in competent Co art - Forcibly dispossessed thereafter - Suit in Civil Court for correction of entries in revenue record and for recovery of possession - Suit for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Revenue entries show plaintiff in possession of suit land not only in up-to-date Khasra Girdawaris b at also in latest Jamabandi - Prima facie plaintiff in possession of land - Ejectment order by Assistant Collector - Plaintiff not a party to that order - No reliance can be placed on ejectment order at this stage -..........
