Transfer of Property Act, 1882, Section 118 -- Oral exchange relating to immovable property of Rs. 100/- or more - Was permissible in Punjab as provisions of Section 118 regarding exchange were not made applicable to State of Punjab...........
Punjab Land Reforms Act, 1972, Section 5, 4 - - Area declared surplus not utilised before enforcement of Punjab Land Reforms Act - Landowner entitled to select a separate unit for each adult son - Objection that as land transferred before commencement of Punjab Land Reforms Act, landowner cannot be considered owner of transferred land and therefore no question of selection..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g) -- Eviction of unauthorised occupant or a member of proprietary body from land which belongs to proprietary body of village reserved for common purposes and administration vested in Panchayat under Consolidation Act - Not competent under Section 7 - Such land does not form part of Shamilat Deh within..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Principles of res judicata - Applicable to proceedings under Section 7 - Earlier application of Gram Panchayat for ejectment of D and B from Khasra No. 11/3/1 measuring 1 Kanal 16 Marlas dismissed by Assistant Collector 1st Grade - Later application by N for ejectment of D and his son A being in unauthorised..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 2(g) -- Ejectment of occupant of Abadi Deh - Cannot be ordered under Section 7...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- As in Haryana - Abadi Deh specifically and explicitly excluded from definition of 'Shamilat Deh' in Section 2(g)...........
Punjab Town Improvement Trust Act, 1922, Section 44A - - Development Scheme prepared under Section 24 read with Section 28(2) - Scheme not completely executed within a period of 5 years from date of notification under Section 42(1) in Government Gazette - No extension granted by State Government - Agreement to sell land to University did not fructify into a completed sale..........
Punjab Security of Land Tenures Act, 1953, Section s, 25, 5, 5A - - Suit in Civil Court to challenge validity of order of Collector declaring; surplus area without affording concerned landowner opportunity of being heard - Maintainable inspite of clear language of Section 25 excluding jurisdiction of Civil Court - Haryana Ceiling on Land Holdings Act, Section 26...........
Jurisdiction -- Judgments/orders passed by Authorities under Punjab Security of Land Tenures Act - In personam - Only binds parties to it or persons named therein - Person who is neither a party nor named in order concerned - Under no obligation to take proceedings to get it set aside - Such order in eye of law ineffective and non est - Person who is not a party has no..........
Punjab Tenancy Act, 1887, Section 80, 82, 84 -- Appeal or review or revision - No right of a person who is not a party to proceedings - A person not a party may prefer appeal with leave of Appellate Court if he would be prejudicially affected by judgment and if it would be binding on him as res Judicata under Explanation 6 of Section 11 Civil Procedure Code...........
