Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction restraining Gram Panchayat not to forcibly dispossess from land claiming to be a tenant and entries in Jamabandi and latest Khasra Girdawaris show his possession - Gram Panchayat produced resolutions indicating land leased out to Baldev and earlier let out to Udhmi but no evidence produced to show that..........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Provisions of Section 18 do not lay down that purchase cannot be effected from surplus area of landowner or that it has to be confined to area declared as tenant's permissible area - Purchase can be disallowed if found (on inquiry by Assistant Collector) to be collusive...........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Death of original big landowner during pendency of purchase proceedings - Heirs small landowners - Tenant cannot be allowed to purchase tenancy land - Devolution of interest by inheritance or survivorship to be taken into account for determining rights of tenant under Section 18(1) - Court bound to take into..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8 - - Transfer of land before 30-7-1958 declared surplus under Punjab Security of Land Tenures Act and surplus land allotted to resettled tenant in accordance with scheme framed under Punjab Security of Land Tenures Rules - Cannot be ignored while determining surplus area of landowner under Haryana Ceiling on Land..........
Punjab Utilisation of Surplus Area Scheme, 1973 -- Eligibility for allotment - No requirement that tenant to be eligible should be a tenant at the commencement of Act - Utilisation Scheme a continuing Scheme for areas continue to be declared surplus long after commencement of Act - Utilisation not meant or confined to those tenants who were sitting tenants at the time of..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7A(1) - - Death of tenant - Successors-i, interest of tenant collectively entitled to allotment of land equivalent to land comprised in tenancy - Each of them individually not entitled to allotment of land equivalent to land comprised in joint tenancy - Gurmit Ram's case 1979 P. L. J. 152 Over-Ruled...........
Punjab Tenancy Act, 1887, Section 4(5), 4(6), 4(8) -- Joint tenants i. e. tenants holding land jointly - Hold one parcel of land under one lease i. e. one tenancy - Do not cultivate separate parcels of land individually - None of them can claim to be in cultivating possession of whole of tenancy land - Possession and cultivation joint - Death of one of the joint tenants -..........
Punjab Security of Land Tenures Act, 1953, Section s, 18, 25 -- Suit in Civil Court challenging order passed under Section 18 on the ground that alleged tenant not in possession of land in dispute as a tenant - Objection that order of purchase having been passed by Assistant Collector 1st Grade and first instalment having been paid, tenant deemed to have become owner of..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Compromise in civil suit for possession (alleging defendant to be trespasser) stipulated that on payment of specified amount in four instalments in addition to amount ordered to be paid by Revenue Authority defendant would become owner of land and order of Assistant Collector 1st Grade allowing purchase would have no..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 22, 7A(2) -- Purchase of tenancy land by tenant of a small landowner - Not permissible - Tenant even if occupied land continuously for a period of 12 years preceding commencement of President's Act 8 of 1953 - Not entitled to acquire proprietary rights of tenancy land under Section 22 when landlord a small landowner..........
