Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953, Section 2(d), 3 - - Land if not cultivated by tenant- Would not cease to be 'land' - Land even if not put to agricultural purposes but put to a use subservient to agriculture or for pasture - Covered by definition of 'land' - Entries in Jamabandis that land in possession of occupancy tenants on a fixed..........
Punjab Tenancy Act, 1887, Section 38 -- Extinguishment of occupancy rights - Essential1 pre-requisites : (1) tenant failed to cultivate land without sufficient cause; and (2) failure to pay rent which fell due - Absence of proof of these necessary facts - Plea of extinguishment of occupancy rights cannot be sustained...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4 - - Discharge of notice - Collector must be satisfied that occupation was not unauthorised - Notice cannot be discharged on the ground that party or its representative (at whose instance notice was issued) absented en the date when matter taken up for consideration...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 9, 5, 7, 4 -- Appeal against order of Collector under Section 4 - Not competent - Appeal competent only against orders passed under section 5 or 7 of the Act...........
Punjab Gram Panchayat Act, 1953, Section 85 - - Recovery of arrears of lease-money - Lease terminated by efflux of time - Two remedies open to Panchayat: (1) to approach Collector under Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973; and (2) under Section 85 of the Punjab Gram Panchayat Act the Collector to recover sum due as arrears of land revenue..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3, 5, 7 -- Termination of lease by efflux of time of Panchayat land - Panchayat can approach Collector under the provisions of the Act: (i) that wrongful occupant be directed to vacate Panchayat land, and (ii) claim compensation for use and occupation of land - If Panchayat adopts such a course..........
Punjab Land Reforms Act, 1972, Section 17, 8, 11 - - Punjab Utilization of Surplus area Scheme, 1973 - Paras 13 and 10 - Tenants resettled on surplus area of landowner before enforcement of Punjab Land Reforms Act - Become allottees of Government on 4.7 1973 - Cease to be tenants of landlord - Not liable to pay rent to landlord - Relationship of landlord and tenant ceased..........
East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 3 - - Government has power under the Act to declare any area as Urban Estate - No legal bar for State Government to acquire that land which is subject-matter of Town Planning Scheme prepared under Section 192 Punjab Municipal Act - Area which is subject-matter of Town Planning Scheme under..........
Punjab Tenancy Act, 1887, Section 4(5) -- Dohlidar - Covered by definition of 'tenant' in Section 4(5) - Dohlidar is a tenant in perpetuity - No liability of dohlidar to pay rent but performs certain obligations of a religious nature - Dohlidar holds land under the owners - Not covered by sub-clauses (a), (b), (c) and (d) of Section 4(5).
The status of a dohlidar does..........
Punjab Tenancy Act, 1887, Section 77(3)(f) -- Object of bar created by Clause (f) - Tenant may not instead of going to a Revenue Court come to a Civil Court after expiry of 2 months for claiming relief which he could have claimed under Section 45(3) - No suit under Section 45(3) lies after order of ejectment already passed under Section 45(5) - Suit in Civil Court by..........
