Punjab Land Revenue Act, 1887, Section 111 -- Partition of Dholi land - Only owner or tenant can seek partition of joint land - 'Dholidars' neither owner nor tenant within the meaning of Section 3 (4) of Punjab Tenancy Act, 1887 - Not entitled to get the land partitioned...........
Partnership Act, 1932, Section 69(3) -- Partnership - Clause in deed providing that in case firm or business of firm is discontinued, then tenancy right to occupy the premises shall vest in the second party - Held, enforcement of such right is part of exception of sub-clause (3)(a) of Section 69 of the Act...........
Punjab Security of Land Tenures Act, 1953, Section 8, Punjab Tenancy Act, 1887, Section 59 -- Dholi tenure vis-s-vis Occupancy tenure - Distinction - Dohli Tenure not same as occupancy tenure - Occupancy tenure is capable of sale carrying with it pre-emptory obligation to offer it in the first instance to landowner - No such obligation in Dholi tenure - Occupancy rights..........
Punjab Land Revenue Act, 1887, Section 111, Punjab Tenancy Act, 1887, Section 4(1) -- Partition - Distinction as to land used for agricultural/subservient purposes vis a vis land assessed to land revenue - Sec. 4(1) of Tenancy Act deals with agricultural tenancies - Subject matter of partition under section 111 of Land Revenue Act are land or tenancy - Partition of tenancy..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3, 4, 5, 7, Punjab Village Common Lands (Regulation) Act, 1961 -- Tenant vis-a-vis unauthorised occupant - Lease of Shamlat land - Eviction of unauthorised occupant of public premises - Gram Panchayat filed ejectment petition - Occupant of land claiming tenancy at will under Gram Panchayat -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Sub letting - In the absence of exclusive possession, sub-tenancy cannot be proved merely on account of presence of some other person in the premises...........
Civil Procedure Code, 1908, Section 11, 96 -- Resjudicata - Right to file appeal - Suit for title on account of succession - Dismissed - Finding regarding tenancy of co-defendant - Not to operate as resjudicata in subsequent suit for redemption of mortgage as (i) Dispute regarding tenancy not substantially matter in issue in earlier suit, and (ii) Plaintiff has no right to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Transfer of Property Act, 1882, Section 105 -- Splitting up of tenancy - Property sold to three different persons - Entire property occupied by one tenant - Landlord seeking eviction from the portion owned by him - Held, splitting of tenancy has occurred due to operation of law and interest created in three..........
Transfer of Property Act, 1882, Section 106, 113 -- Waiver of notice to quit - Receiving rent during pendency of suit for ejectment - Does not create a new tenancy - It is intention of plaintiff in accepting rent which matters - If landlord pursues the suit even after accepting rent it cannot be said that his intention was to renew the tenancy or that he had waived the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting to brother - Death of tenant during pendency of petition - Tenancy inherited by sub tenant - Sub tenant cannot escape eviction on ground that he has inherited tenancy and has now become direct tenant - Sub letting if proved then sub tenant is liable to eviction - Any disability which is..........
