Punjab Security of Land Tenures Act, 1953, Section 10A(b) -- Disposition of property by Will - Cannot be termed as inheritance - Legatees under Will - Cannot be termed as heirs by inheritance - Benefit of Section 10-A(b) - Available only if land acquired: (i) by State Government under any law for the time being in force, or (ii) by heir by inheritance...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 15, 10, 9, 5, 7 -- Order of Collector or Commissioner under the Act - Final and cannot be called in ques tion in any original suit, application or execution proceedings and no injunction can be granted by any Court - Jurisdiction of Civil Court excluded in respect of matters which Authorities..........
Administration of Evacuee Property Act, 1950, Section 54 -- Bringing back of property to evacuee pool - Order releasing evacuee properly - Does not restrict powers of Central Government - Property erroneously taken out from evacuee pool - Can be brought back to the evacuee pool by Central Government under Section 54...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 22 -- Purchase of tenancy land - Reserved or permissible area of landowner - Should not be decided by Prescribed Authority who decides purchase application - No jurisdiction to decide reserved area and permissible area of landowner while deciding tenant's application for purchase of laud under Section 22...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32M, 32C -- Landowner who inherits more land - Fresh right to select permissible area - Landowner may retain old reserved area or reserve afresh area received by inheritance - Failure of landowner to do so - Collector required under Section 32-M(2) to select land for landowner in the manner specified in Section 32-C...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 5, 5A, 6, 32D, 32M -- Obligatory on Collector under Section 6 to notify land reserved by landowner under Sections 5 and 5-A - Duty enjoined on Collector under Rule 8 to satisfy himself about correctness of particulars mentioned in Form I and issue notification in Form 11 - Purpose of the provisions - Tenants' right to..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 39(2), 39(3) - - Order passed by Collector in appeal - No further appeal before Commissioner under Section 39(2) competent - Only revision competent direct to Financial Commissioner under Section 39(3)...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 22 -- Tenant's application for purchase of tenancy land - Incumbent to Correctly determine: (i) area of which tenant applied for purchase, and (ii) area which has to be given to tenant - Omission - Results in manifest and grave injustice to landowner - Punjab Tenancy Act (16 of 1887), Section 84...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 22, 7, 7A - - Purchase application by tenant - Prescribed Authority bound to find out if tenant fulfilled requirements to acquire proprietary rights under Section 22 - Tenant liable to ejectment from reserved or permissible area of landowner - Cannot be allowed to purchase tenancy land...........
Transfer of Property Act, 1882, Section 41 -- Scope of - Provides exception to general rule that transferor cannot confer upon his transferee a better title than he himself has - Before real owner can be deprived of his rights by act of ostensible owner - Conditions laid down in Section 41 must be fulfilled - Care required of transferee - Must be the kind of care which..........
