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..........
Pepsu Utilisation of Surplus Area Scheme,1960 -- Paragraph 14 as added by Notification dated 4th June, 1965 - Review of order passed earlier to date of conferment of power of review - Competent - Nar Singh's case 1980 P. L. J. 587 Over-Ruled - Power of review provided for in Scheme more or less analogous to power vested in Civil Court under Section 152 Civil Procedure..........
Punjab Tenancy Act, 1887, Section 82 -- Wrong view of law - Review not permissible...........
Punjab Tenancy Act, 1887, Section 82 -- Review - Non-issuance of notice - Party not adversely affected - Cannot challenge order as invalid...........
Punjab Security of Land Tenures Act, 1953, Section 5B, 2(5A), Punjab Security of Land Tenures Rules, 1953, Rule 6 -- Application by old tenants for review of order declaring landowner's surplus area - Order reviewed and tenant's permissible area excluded from land declared surplus - Landowner challenged that order passed in violation of principles of natural justice..........
Punjab Land Reforms Act, 1972, Section 5(1) -- Notice to tenant while determining surplus area of landowner - Tenant came into tenancy after appointed day i. e. 24.1.1971 - Not entitled to notice or hearing - Only the person who was a tenant on appointed day entitled to a notice and hearing when surplus area of landowner decided - Tenant on appointed day entitled to select..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Section 18 does not require that a tenant with 6 years continuous possession as such must be a tenant before 15th April, 1953 - No condition that tenancy land should be other than surplus land - Supreme Court ruling in Punjab State's case 1974 P. L. J. 74 deals with cases where order of purchase in favour of tenant..........
Punjab Tenancy Act, 1887, Section 82 -- Effect of allowing review - Review allowed only to limited extent - Earlier order did not become no, existent but stood modified only to the extent review specifically allowed and remaining order became final - Application by old tenants for review of order declaring surplus area of landowner so as to exclude tenancy land from..........
Punjab Tenancy Act, 1887, Section 90 - - Service by proclamation on the ground that summons addressed to persons who resided outside the district - Not proper service - Resort should be had to provisions of Section 90(2) - Provisions of Section 90(3) could, if necessary, be resorted to in addition...........
Punjab Tenancy Act, 1887, Section SO - - Right of appeal a substantive right - Appeal a continuation of same proceedings - Law of limitation regulating time requisite for filing of appeal - Does not take away vested right of appeal - Limitation prescribed under Section 81 extendable with the aid of Section 5 Limitation Act - Condoning or not condoning the delay in filing..........
