East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 21(1), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 -- Whether in a petition u/s.42 after expiry of more than three decades from the date, when consolidation scheme was sanctioned, an application for variation in scheme is permissible? -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - Personal necessity - NRI - As per interpretation by Supreme Court in Baldev Singh Bajwa v. Monish Saini, 2005(2) RLR (S.C.) 488 landlords are NRIs and fulfill all necessary ingredients for granting them benefit u/s.13-B - Contention of petitioner/tenant that landlords are not NRIs as the question as to..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(vi), 5A(As - - Shamlat deh- Amendment of S.2(g)(vi) of old Act - Held, it was to take effect from the date of amendment and not from the date of coming into force of original Act...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(vi), 5A -- Shamlat deh - Gitwar or Khalwara - Held, crucial date to see whether or not suit land was a gitwar or khalwara is the date of commencement of Haryana Act No.2 of 1981 i.e. 12.02.1981...........
Punjab Land Revenue Act, 1887, Section 15, Punjab Land Revenue Rules, 1908, Rule 15 -- Appointment of Lambardar - Held, Collector being appointing authority is to decide appointment after taking into account merits of parties - In present case, appellants application had not been got forwarded and thus, both parties had never competed with each other - Thus, order of..........
Punjab Security of Land Tenures Act, 1953, Section 14A(1) -- Ejectment - Tenancy - Non-payment of arrears of rent - Landlord had to file various suits for recovery of rent against petitioner which have been decreed despite the fact that petitioner had raised plea that rent has already been paid in form of share of crop but since there was no custom in village of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bonafide need - Pleadings - Eviction sought on ground of personal necessity - Landlord had not stated that he was not in occupation of SCO Nos.3003-3004, Sector 22-D, Chandigarh after commencement of the Act and had not mentioned sufficient cause for vacating said premises either in petition or..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4 -- Shamilat deh - Mutation in the name of Municipal Council - Objections of proprietors of village - Held, plaintiffs who claimed to be proprietors of village could not have objections to a mutation in the name of Municipal Council in relation to shamilat deh by alleged fact that they were proprietors of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4 -- Shamilat deh - Exclusion from - Held, where property is partitioned and brought for cultivation before 1950 or was shamilat deh assessed as revenue land and held in individual cultivation and co-sharer in excess of share before 26.01.1950 could be excluded - What is necessary, therefore, is that..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4 -- Shamilat deh - Vesting in Panchayat - Held, a property, which proprietors had to suffer for contribution to a common benefit and to be treated as shamilat deh, stood vested in panchayat by virtue of S.4 of 1961 Act - A person, who had been owner under a decree or any agreement or an instrument, he still..........
