Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(1), 2(g)(4) -- Abadi deh - Not defined as Shamilat Deh by Section 2(g) - No one can claim exclusive possession of abadi deh land except the proprietor in his dwelling house in the village - Ownership rights in abadi deh as a general rule vests in the proprietary body - Sites reserved for common purpose -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- Punjab Village Common Lands Rules, 1964, R.19 - Application for declaration of ownership - Applicant proved to be a lessee and in possession after expiry of lease period - Held, possession of lessee after the expiry of lease period is unauthorised and illegal - A lessee cannot subsequently challenge the..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 19 -- Lessee cannot subsequently challenge the title of his landlord...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11 -- `Banjar Qadim' - Entry in revenue record - It cannot be concluded that land in question was not being used or common purposes of the village and the same does not vest in the Panchayat...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4, 5, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 3(2) -- Charand land - If Shamlat Deh of the village being used as Charand - Falls under definition of Shamlat Deh under Section 2(g) of the Act - Even if in revenue record nature of land recorded as Banjar Qadim - Does not make any difference..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 19 -- Unauthorised occupant - Lessee of Gram Panchayat after expiry of lease period - Shall be deemed to be in illegal and unauthorised possession of land leased out by Gram Panchayat in view of Rule 19...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Suit/application filed by petitioners under Section 11 - Burden of proof lies on them to establish that being proprietors of the village, they are owners of land in question and the same does not fall under definition of Shamlat Deh in Section 2(g) nor it vests in Gram Panchayat under Section 4 -..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- No limitation for exercising inherent power of State Government under Section 42 - Can be exercised at any time - Only requirement - Order under Section 42 not to be passed without providing opportunity of hearing to affected party - Limitation of six months under Rule 18 - Not..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Revenue estate of village comprised of hilly as well as plain lands - Consolidation Scheme provided for consolidation of plain area and hilly area to be kept as it is - Path of 2 Karams to every block - No consolidation of hilly `chak' carried out - Question of providing path to..........
Punjab Tenancy Act, 1887, Section 42(a), 43, 44, 76, Punjab Security of Land Tenures Act, 1953, Section 9 -- Ejectment ordered under Section 42(a) read with Section 44 and Section 76 Punjab Tenancy Act - Provisions contained under Punjab Security of Land Tenures Act not applicable - Revenue Officer competent to order ejectment under Punjab Tenancy Act - Under Punjab..........
