Punjab Security of Land Tenures Act, Section 9(1)(ii), 14A(i) -- Relationship of landlord and tenant-Land given on lease to set up brick-kiln-Land recorded as `Gair Mumkin Bhatta' in revenue records-Not covered by definition of `land' in Section 4(1) Punjab Tenancy Act-Owner of land does not acquire status of 'landlord' in spite of entries in revenue record-Cannot take..........
Punjab Tenancy Act, Section 84 -- Revision in ejectment case - Assistant Collector 1st Grade under Section 14-A(i) ordered tenant to pay arrears of rent and did not order ejectment despite admitted non - payment of rent by tenant, which was proved to be without sufficient cause - Wrongful exercise of discretion, not warranted by law - Order set aside - Punjab Security of..........
Land Acquisition Act, 1894, Section 4(1), 6, 11 -- Person approaching Court belatedly - Held, latches close the gates of the Court for him to question the legal-ity of the notification under S.4(1), declaration under Section 6 and the award of the Collector under S.11...........
Punjab Tenancy Act, Section 77 -- Validity of Will-Revenue Courts do not have exclusive jurisdiction-Any observation/finding recorded by Revenue Courts with regard to validity or genuineness of Will-Validity of Will assailed before Revenue Courts and adverse finding recorded-Cannot operate as res judicata in civil suit - Exclusive jurisdiction of Revenue Courts only with..........
Punjab Tenancy Act, Section 77(3)(n) -- Suit for recovery of rent-Question of relationship of landlord and tenant-Land in dispute part of surplus area declared as tenants permissible area-Occupation of tenants on tenants permissible area-Results into utilisation-Tenants would be deemed to be settled on tenants permissible area on passing of original order of..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Determination of share in joint land and for possession of determined share-Partition allowed by Revenue Officer-Possession not delivered after expiry of three years from date of issuance of instrument of partition in view of Section 122 Punjab Land Revenue Act-Suit for separate possession decreed by trial Court..........
Punjab Village Common Lands (Regulation) Act, Section 13, 11 -- Suit in Civil Court for declaration and permanent injunction claiming to be Khewatdars and owners in possession of disputed land shown as Jumla Mushtarka Malkan restraining Gram Panchayat from interfering in peaceful possession-Gram Panchayat contested it averring that disputed land is Shamilat Deh, was..........
Will -- Execution - Proof - Principles analysed - (a) the testator must have a disposing mind free from all extraneous influences with sound mental mind; (b) the testator is presumed to be sane having a mental capacity to make a valid Will until contrary is proved; (c) the Will should be executed in accordance with the provisions of the Act as incorporated in Section 63 of..........
Injunction -- Inspite of prohibitory injunction decree holder dispossessed - Restoration of possession cannot be sought by filing a petition under Section 151 CPC - Remedy is only by filing a fresh suit...........
Capital of Punjab (Development and Regulation) Act, 1952 -- Chandigarh (Sale of Sites and Building) (Amendment) Rules 1979, Rule 11-D - Resumption of property - Section 8-A inserted with retrospective effect from 1966 is neither arbitrary nor violative of Art. 14 of Constitution since it has in built procedure of giving opportunity and right to adduce evidence and..........
