Civil Procedure Code, 1908, Section 100 -- Second appeal - question as to whether the defendants were able to discharge the burden of proving the ownership by adverse possession or rebutting the entries in the revenue records - concurrent finding - is a finding of fact and is not open to challenge in second appeal...........
Punjab Land Revenue Act, 1887, Section 45, 158 -- Punjab Land Records Manual, Para 9.9 - Khasra Girdawari entry, correction of - During pendency of proceedings Khasra Girdawari entry incorporated in later Jamabandi - Decree for permanent injunction in favour of petitioner - Objection that finding of Civil Court of no relevance in view of provisions of Section 158 read with..........
Punjab Land Reforms Act, 1972, Section 4, 7, 9 -- Declaration of surplus area of landowner - Notice and hearing to transferee - Necessary - Land transferred (in 1975) after coming into force of Act which fact stood recorded in revenue records before order passed (in 1977) by Collector Agrarian - Transferee interested party - Has a legal right to be heard by Collector -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13, 11 -- Suit in Civil Court for declaration that suit land not Shamilat Deh questioning entries in revenue records which showed land as belonging to Gram Panchayat - Gram Panchayat expressly claimed that land in question belonged to it as Shamilat Deh - Civil Court cannot make a declaration without deciding the..........
Punjab Security of Land Tenures Act, 1953, Section 9A, 9(1)(i) - - Computation of total holding of tenant - Entry in Nahri Khasra Girdawari - Can be taken into consideration - Objection that case should be decided on the basis of entries in revenue record alone and entries of Nahri Girdawari should not be taken into account - Not tenable - Nahri Khasra Girdawari as much..........
Adverse possession - - Removal of name of absentee co-sharer from revenue records at the instance of other co-sharers in possession of land - Does not amount to overt act amounting to ouster and commencement of adverse possession of other co sharers in possession - Correctness of rule of law laid down in Amar Singh's case A. I. R. 1937 Lahore 890 Doubted - Mere attestation..........
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 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 Village Common Lands (Regulation) Act, 1961, Section 13, 11 - - Matters which Commissioner or Collector empowered by or under this Act to determine - Jurisdiction of Civil Court barred - Collector has jurisdiction to decide claims Contemplated under Section 11 - Suit for declaration that plaintiffs and proprietors of village owners of suit land jointly and owners in..........
Transfer of Property Act, 1882, Section 41 -- Vendee who accepts a transfer on the faith of entries in record of rights in favour of his transferor - Protected under Section 41 if no circumstances which should have led him to go behind revenue records and to make further enquiry...........
