Punjab Land Revenue Act, 1887, Section 16, 116 -- Partition proceedings taken place in the presence of parties - Never raised any issue challenging partition during pendency of proceedings - No procedural illegality in partition proceedings which attained finality - Only interested to prolong and delay partition - Interference in revision declined...........
Punjab Land Revenue Act, 1887, Section 78, 158 -- Person who claims himself not liable to make payment of land revenue - Cannot file suit in Civil Court without first depositing arrears of land revenue, otherwise jurisdiction of Civil Court barred as per Section 158 - Challenge to order of Revenue Authorities can be made only if arrears of land revenue deposited first and..........
Punjab Land Revenue Act, 1887, Section 3(8) -- Lambardar who failed to deposit arrears of land revenue collected by him - Liable to be declared a `defaulter' under the Act - Definition of defaulter includes a village officer (Lambardar) who collects land revenue or any other sum recoverable as land revenue and does not pay the same to State Government...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation proceedings - Summary in nature - Element of haste involved - Shrouds mutation in suspicion - Responsibility of Revenue Officer to ensure, when parties have been contesting bitterly, that his order should not only be just but it should appear to be fair and just...........
Punjab Land Revenue Act, 1887, Section 16, 34, 35, 36, 37 -- Findings of lower Courts do not corroborate issues involved - Findings of Commissioner do not match with findings recorded by Collector and findings recorded by Collector do not match with order of Assistant Collector - All orders passed by Commissioner, Collector as well as Assistant Collector, set aside...........
Punjab Land Revenue Act, 1887, Section 16 -- Revision filed after lapse of 37 years for reopening of partition already sanctioned - If entertained at such a belated stage, there will be no limitation to litigation - No justification in entertaining revision petition...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence of mutation and pedigree-table in appeal - Merely old revenue record - No prejudice would be caused to defendant-respondent if mutation and pedigree-table permitted to be adduced as additional evidence - Question of relevance of said evidence - Should not be taken into consideration at this stage -..........
Punjab Land Revenue Act, 1887, Section 13 -- Lambardari appeal - Commissioner set aside order of Collector dismissing Lambardar and remanded case to Collector for decision afresh - No permanent injury occurred by way of remand order - Can advance his version if he has evidence to prove before Collector - Interference declined by Financial Commissioner - Punjab Land Revenue..........
Punjab Land Revenue Rules, 1908, Rule 15, 16 -- Loan, taking of and paying it in instalments - A developmental right of all citizens - Cannot be denied to Lambardar - Collector can discipline default by Lambardar, if any...........
Punjab Land Revenue Act, 1887, Section 13, 16 -- Remedy of appeal and revision against order of Collector and Commissioner - A right of affected party if genuinely feel injured by bad conduct of village Lambardar...........
