Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7(1)(b)m, Punjab Tenancy Act, 1887, Section 41, 42, 43, 44 -- Whether a further period of 6 months to be allowed to tenant for depositing rent in terms of Section 7(1)(b) Pepsu Tenancy and Agricultural Lands Act before ejectment order passed against tenant - No further opportunity need be given to tenant - Provisions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction restraining defendant from prosecuting proceedings of execution - Normally not granted - Defendant if restrained from executing (ejectment) order of Revenue Authorities - Greater mischief will be caused...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 - - Ad interim injunction in a suit for declaration and injunction alleging to be occupancy tenant - Ejectment application filed by defendants contested by plaintiff, no plea taken of occupancy tenant, failure to show from any revenue record of entry as occupancy tenant. Revenue Authorities after considering..........
Punjab Land Revenue Act, 1887, Section 78 -- Injunction restraining Authorities from effecting recovery of amount by way of arrears of land revenue - Jurisdiction of Civil Court dependent on legality of demand - Court if prima facie comes to conclusion that demand totally illegal - Civil Court has jurisdiction to grant temporary injunction - Plea that once proceedings..........
Punjab Land Revenue Act, 1887, Section 45, 13, 16 -- Punjab Land Records Manual, Para 9.9 - Correction of Khasra Girdawari entries - Suit challenging these - No statutory bar to maintainability of suit in Civil Court- Plea that Civil Court has no jurisdiction to entertain suit as remedy open to aggrieved person to file appeal/revision before higher Revenue Authorities..........
Punjab Land Revenue Act, 1887, Section 44 -- Ignoring of later entries in Jamabandi and preferring earlier entries in record of rights - Although presumption in favour of later entries but that presumption a rebuttable one - Alteration in entries made unauthorisedly or mistakenly and no material to justify change of entries - Presumption attached to correctness of later..........
Punjab Land Revenue Act, 1887, Section 45 -- Punjab Land Records Manual, Para 9.9 - Khasra Girdawari entries, correction of - During pendency of proceedings Jamabandi prepared and came into force -Khasra Girdawari entries poior to that - Cannot be changed by way of correction by Revenue Officers - Party should approach Civil Court for relief...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of a negative decree i. e. finding recorded in a suit which failed - Not permissible -Before Revenue Authorities decide to attest mutation of the basis of Civil Court decree there must be a clear finding in favour of a person who claims the right...........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Attestation of mutation of ownership in favour of mortgagee as mortgagor's suit for redemption dismissed by Civil Court - Not permissible - Finding in the suit that mortgagor lost his right to redeem mortgaged property - No finding or decree given in favour of mortgagee holding that he has become owner - Only after..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Purchase of tenancy land by tenant - Plea that land falls within permissible area of deceased landowner - Involves a jurisdictional question - Must be gone into and decided by Revenue Authorities - Cannot be brushed aside on the ground that no specific finding recorded by Revenue Authorities below - No jurisdiction..........
