Limitation Act, 1963, Article 113 -- Possession of plaintiffs being threatened in the garb of mutation but basic suit for relief of injunction - On date of institution of suit plaintiffs being disturbed from possession in execution of order of Collector passed under Section 18 Punjab Security of Land Tenures Act in pursuance of which mutation sanctioned - Cause of action..........
Punjab Land Reforms Act, Section 11, 8, 9, 10 -- Order of allotment passed prior to taking possession of surplus area from landowner - Will not make order of allotment illegal - Order of allotment will become effective only after landowner is dispossessed of surplus area in accordance with law as envisaged by provisions of the Act - Landowner's plea that he cannot be asked..........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Stay of partition proceedings - Mutation sanctioned on the basis of Civil Court decree - Genuineness of registered Will and Civil Court decree challenged by way of suit and Court ordered parties to maintain status quo and not to alienate share of deceased - Not for Revenue Officer to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff filed earlier suit for possession and injunction in respect of the same property - Dismissed - Plaintiff filing subsequent revenue records showing his prima facie possession of suit property - Presumptive value of those records eroded by the circumstance of dismissal of earlier suit -..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Restraining defendant from interfering in cultivating possession of plaintiff - Entries in revenue record clearly establish plaintiff as owner in possession of the land till 1976 - Dispute with effect from 18.10.1976 when for the first time entry has been changed in the name of defendant - Well settled that change..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from dispossessing plaintiffs from land in a suit for declaration that defendant No. 1 is owner of suit land as recorded in Jamabandi and plaintiffs are Gair Marusi tenants of defendant No. 1, there is relationship of landlord and tenant between the parties and defendant No. 1..........
Punjab Land Revenue Act, Section 116 -- Mere objection that Naksha `Kha' not according to mode of partition - Not enough unless deviation of Naksha `Kha' from mode of partition is established - Absence of details of deviation from mode of partition in preparation of Naksha `Kha' - Plea that proposed amended Naksha `Kha' not according to mode of partition - Not tenable...........
Punjab Land Revenue Act, Section 16 -- Revision - Concurrent findings of fact - Financial Commissioner cannot set aside a finding of fact even after appraisal of evidence...........
Punjab Land Revenue Act, Section 16, 116, 117 -- Revision in partition case - Whether - (i) notice of spot inspection given or not, (ii) pipe - line exists at the spot or not, (iii) share of petitioner less at the spot than his due share - Questions of fact - Cannot be determined by Financial Commissioner in revision...........
Transfer of Property -- To get legal title it must be a transfer in accordance with the principles of Transfer of Property Act - Admissions if any on the part of the parties that a particular part was given or would be given to another will not convey any legal title over that property - Transfer of immovable property can only be by means of a registered instrument - Mere..........
