Punjab Land Revenue Act, 1887, Section 45 -- Entries in Jamabandis - Jurisdiction of Revenue Authorities to affect change - Land donated by the proprietors to Thakurdwara in 1857 - Ownership of land recorded in the name of one of the chela/Mahant of Thakurdwara - Entries of ownership continuing in the name of Mahant/Mohatmin/Chelas in succession - No entry in the revenue..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Opportunity to cross examination - AC Ist after recording statement of parties sanctioned mutation - Order challenged in appeal on the ground that no opportunity to cross-examine witnesses afforded - Collector accepted appeal - Commissioner in revision set aside the order of Collector holding that no written or oral..........
Dholi Tenure -- Holding - Rights are acquried by a Brahman, who receive it as a death-bed gift from landowner and as a Dholidar he is in a status of 'Malik Kabza' - Dholidar responsible for payment of land revenue - Entitled to let out, mortgage or sell the land according to his wishes...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 1 -- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47 CPC - Though..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Civil Procedure Code, 1908, Section 54, Punjab Land Revenue Act, 1887, Section 4, 48, 48A, 54, 111, 112(2) -- Partition of joint land assessed to land revenue - Constructed portion - Maintainability before Revenue Authorities - Objection to partition of joint land on the ground that land is non agricultural-petrol pump and workshop constructed on land - Use of land whether..........
Punjab Land Revenue Act, 1887, Section 111, Punjab Tenancy Act, 1887, Section 4(1) -- Partition - Distinction as to land used for agricultural/subservient purposes vis a vis land assessed to land revenue - Sec. 4(1) of Tenancy Act deals with agricultural tenancies - Subject matter of partition under section 111 of Land Revenue Act are land or tenancy - Partition of tenancy..........
Punjab Land Revenue Act, 1887, Section 48A, 54, 111 -- Partition of land - Land assessed to land revenue - Effect of suspension/exemption of levy or recovery - Character of land not changed due to suspension/exemption of levy or recovery - Non revision of assessment of land revenue also of no consequences...........
Punjab Land Revenue Act, 1887, Section 4, 111 -- Partition of land - Non agricultural use of land - Effect of maintainability of partition petition - Relying on 2002(2) PLJ 249, contention raised that construction on land, non agricultural in nature, hence partition petition not maintainable - Term `agricultural use of land' used by Court in the order is to distinguish..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908 -- Harijan Lambardar - Appointment of - Proclamation - Twenty days time given to file applications - Only one application received - Revenue Officials after considering the merits of applicant, appointed him lambardar - Challenged - Alleging munadi conducted in hasty and secretive manner -..........
