Khasra Girdwari -- Entry regarding possession - Revenue Officer while making entries in Khasra Girdawari Register supposed to record actual possession on the spot - Possession may not have been obtained through legal means - Even then factum of actual possession to be incorporated in revenue record - Punjab Land Revenue Act, Section 33(3) - Punjab Land Records Manual, Para..........
Punjab Land Revenue Act, 1887, Section 37, 45 -- Correction of entry in Jamabandi - Patent defect while framing new Jamabandi - Revenue Officers not debarred from correcting the same...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Choice of Collector should generally not to be interfered with unless and until any specific disadvantage attached to the person appointed by Collector as Lambardar - Commissioner set aside order of Collector without giving any valid justification for going against the order of Collector - Order of..........
Punjab Land Revenue Act, 1887, Section 116 -- Partition - Purchaser of land from co - sharer - Accommodation of - Last purchaser of land from co - sharer - To be accommodated only to the extent of availability of land in the share of co - sharer from whom purchased land as the last vendee - Cannot be allotted more land than the total land of co - sharer...........
Punjab Land Revenue Act, 1887, Section 44 -- Entries in revenue record - Presumption of truth attaches which is rebuttable - Once presumption rebutted by leading documentary and cogent evidence - Presumption of correctness normally displaced...........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner accepted appeal and set aside appointment made by Collector finding appellant to be more meritorious as compared to appointee - Financial Commissioner found that conclusion arrived at by Commissioner does not require any interference...........
Punjab Land Revenue Act, 1887, Section 115, 116, 111 -- Application seeking separation of share through partition of joint holding situated in village SK - Objection that application not maintainable - (1) because parties had already partitioned holding in a private partition, and (2) objector being put to disadvantage inasmuch as joint land situated in two villages RT and..........
Constitution of India, 1950, Article 226 -- Challenge to order of Financial Commissioner in partition case - Financial Commissioner remanded partition application in view of failure of Authorities below to deal with all the objections raised - Revenue Authorities obliged to notice and deal with objections raised before them - No infirmity in the order passed by Financial..........
Punjab Security of Land Tenures Act, 1953, Section 14, Civil Procedure Code, 1908, Section 11 -- Observations of Assistant Collector while allowing application for deposit of rent that relationship of landlord and tenant exists between the parties - Cannot be held that possession of suit land as a tenant and not as a trespasser - Will not have effect on Civil Court while..........
Punjab Land Revenue Act, 1887, Section 16, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- No material irregularity committed by lower Revenue Officers which has vitiated partition proceedings - Service of all necessary parties effected in accordance with legal procedure - Partition already made, possession delivered and mutation sanctioned - No justification for..........