Punjab Security of Land Tenures Act, 1953, Section s, 9(1)(ii), 14A(i) -- Resettled tenant on surplus area of landowner - Ownership rights not conferred before coming into force of Punjab Land Reforms Act - Ejectment on ground of no, payment of rent - Not competent - Surplus area covered by Section 8 of the Punjab Land Reforms Act and stands vested in Government -..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Ejectment - Payment of rent essential to create relationship of landlord and tenant - Jamabandi and Khasra Girdawari in column of ownership name of J is shown, in column of cultivation B entered as tenant-at-will and in column of rent no entry is made i.e. left blank, which means B not paying any rent - Ejectment..........
Punjab Tenancy Act, 1887, Section 4(5) -- Whether a person is a tenant over the land or not - Mere entry in column for cultivation of a person as tenant-at-will - Not sufficient to hold a person as tenant - Entries in column of cultivation as also in column of rent in Khasra Girdawari and Jamabandi to be read together - Blank column of rent i.e. no entry made - Means no..........
East Punjab Urban Rent Restriction Act, 1949, Section 15, 13 -- Decision of Rent Controller upon relationship of landlord and tenant between the parties - Not res judicata - Open to challenge in a subsequent suit or any other collateral proceedings between the parties...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5, 4, 9 -- S.4 only deals with issuance of notice of eviction - No authority is supposed to pass any order u/S.4 - Appeal against order u/S.5 is maintainable u/S.9 - No appeal u/S.9 competent from order appealed against before Commissioner...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 9 -- Commissioner under the Act - Nobody designated or specified as Commissioner who can exercise powers u/S.9 - Unauthorized possession of Panchayat land - S.7A of Punjab Village Common Lands (Regulation) Act, 1961 lays down in unmistakable terms that for purposes of appeals in relation to..........
Punjab Pre-emption Act, 1913, Section 3(1), 4 -- Sale of perpetual lease-hold rights - Cannot be said to be a sale of right to receive rent - Purchase of lease-hold rights something more than right to recover rent - Does not fall within definition of land - Cannot be pre-empted...........
Punjab Land Reforms Act, 1972, Section 11 -- Contemplates resettled tenants sitting over surplus area - Utilisation of any surplus area before commencement of this Act - Does not affect : (i) right of tenant to purchase land in accordance with Section 15; and (ii) right of landowner to receive rent from tenant resettled on surplus area till tenant becomes owner...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 15, 10, 9, 5, 7 -- Order of Collector or Commissioner under the Act - Final and cannot be called in ques tion in any original suit, application or execution proceedings and no injunction can be granted by any Court - Jurisdiction of Civil Court excluded in respect of matters which Authorities..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1959, Section 7, 9, 10 - - Recovery by Collector under the Act - Defect in notice issued under Section 7 - Aggrieved person has to file appeal under Section 9 - Jurisdiction of Civil Court to entertain suit relating to recovery - Barred - Civil Procedure Code (5 of 1908), Section 9...........
