Pepsu Occupancy Tenancy (Vesting of Proprietary Rights) Act, 1954, Section 2(h), 3, Punjab Tenancy Act, 1887, Section 5 -- Occupancy tenant claiming proprietary rights in term of sec. 3 of the Act of 1953 - Claim resisted on ground that necessary ingredients to claim occupancy rights u/s 5 of the Punjab Tenancy Act, 1887 not proved - Status as 'Occupancy Tenant' to be..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18, 26 -- Surplus proceedings - Bar of jurisdiction of Civil Courts - Land declared surplus and allotted by the allotment authority - Order of declaration and allotment not appealed - Attained finality - Civil suit filed challenging order of declaration and allotment - Entitlement, choice of land and allotment are..........
Land Acquisition Act, 1894, Section 5A, 17 -- Urgency provisions - Denial of right to file objections - Sec. 5A confers valuable rights to land owners akin to fundamental right - Denial of fundamental right for lapse or laxity on part of State perpetuate/result in injustice on land owners - Before dispensing enquiry under Sec.5A there must be application of mind that..........
Land Acquisition Act, 1894, Section 17 -- Need to acquire and urgency/ unforseen emergency to acquire land - Difference - In every acquisition there is a need or a pressing need to acquire land but urgency for invoking the provisions of Sec. 17 should be one arising naturally, out of circumstances which exists when decision to acquire land is taken -..........
Land Acquisition Act, 1894, Section 23 -- Market value of acquired land - Has to be assessed with reference to date of Sec. 4 notification, keeping in view price which a willing seller would pay to a willing purchaser...........
Punjab Land Revenue Act, 1887, Section 15 -- Review - Scope of - Power to review under the Act wide and not limited as under CPC - Commissioner empowered under the Act to review his own order & modify his finding after hearing the affected party. CPC, 1908, Sec. 114...........
Punjab Security of Land Tenures Act, 1953, Section 12, Punjab Tenancy Act, 1887, Section 14, Pepsu Tenancy Agricultural Lands Act, 1955, Section 9, 10 -- Rent, determination of - Sec. 12 of Act, 1953 and Sec. 9 of Act of 1955 prescribe that maximum payable rent should not exceed 1/3rd of the value of produce - Sec. 10 of Act of 1955 provides that rent may be fixed by an..........
Punjab Security of Land Tenures Act, 1953, Section 12, Punjab Tenancy Act, 1887, Section 14, Pepsu Tenancy Agricultural Lands Act, 1955, Section 9, 10 -- Determination of rent - No rents fixed between the parties - A fair rent is to be determine as provided in Sec. 14 of Tenancy Act of 1887 - Best way is to determine the rent at 1/3rd share of value of the produce which..........
Civil Procedure Code, 1908, Section 47, Order 21,, Rule 97, 99, Civil Procedure Code, 1908, Section , Order 22, Rule 5 -- Adjudication of inter-se dispute between legal heirs of decree holder - Suit for possession - Plaintiff died during pendancy of second appeal - One of the legal heirs impleaded as legal representative of deceased plaintiff on the basis of unregistered..........
Court Fees Act, 1870, Section 7(iv)c, 7(v) -- Ad valorem Court Fee - Suit for declaration challenging decree & sale deed - Consequential relief of possession claimed - Affixed court fee specified in sec. 7(v) on relief of possession by assessing value of vacant plot - Court fee also affixed on relief of declaration - Not required to affix ad valorem court fee in terms of..........
