Punjab Security of Land Tenures Rules,1956 -- Rule 6 - Transferee of a transferee from original landowner - Entitled to a hearing - Any person recorded in revenue record as owner or tenant of land entitled to hearing before Collector passes order declaring land as surplus - Immaterial that such a person first, second or third transferee from original landowner - Rule 6..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment for no, payment of share of produce of crops without sufficient cause - Tenant approached Revenue Officers for appraisement - Shows tenant keen to pay correct rent as assessed by competent authority - Implies that tenant shall pay rent as assessed by Revenue Authorities on applications filed by tenant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff in a suit for permanent injunction restraining defendant from dispossessing him forcibly claiming himself to be in possession as a tenant and entitled to continue as such till evicted in accordance with law - Defendant held to be entitled to restoration of possession by Sessions Judge under Section 145 Criminal..........
Punjab Tenancy Act, 1887, Section 77, Civil Procedure Code, 1908, Section 9 -- Suit in Civil Court for declaration that decree passed by Revenue Court ordering restoration of possession null and void - Decreed simply on the ground that once relationship of landlord and tenant disputed before Assistant Collector, he had no jurisdiction to proceed with the suit - Wholly..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 26 -- Mutation regarding tenancy - Cannot be entered by Consolidation Authorities - Consolidation Officer (after completion of Scheme) only empowered to transfer rights of a tenant under existing lease to new holding - Person not entered as a tenant in revenue record prior to..........
Punjab Tenancy Act, 1887, Section 4(5) -- Jamabandi entry of tenant-at-will without any payment No conclusion of possession as tenant can be drawn - Punjab Land Revenue Act, Section 44...........
Punjab Colonization of Government Lands Act, 1912, Section 7 -- Applicability of Provisions of Punjab Land Revenue Act - Subject to provisions of the Act - Absence of provision in the Act under which Commissioner can question or interfere with order of Collector - Recourse to provisions of Punjab Land Revenue Act for interference - Not warranted - Collector ordered..........
Punjab Colonization of Government Lands Act, 1912, Section 20, 19 -- Death of original tenant - Matter to be dealt with in terms of Section 20 - Section 19 deals with transfer inter vivos - Succession to tenancy rights not covered by Section 19...........
Injunction - - Suit for perpetual injunction restraining Gram Sabha from dispossessing by force plaintiff (occupying land as a statutory tenant) otherwise than in due course of law - Gram Sabha pleaded : (i) lease in favour of plaintiff expired by efflux of time, (ii) had no right to retain possession, and (iii) estopped from suing - Land did not vest in Gram Sabha but..........
Punjab Security of Land Tenures Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 4(5), 4(6) -- Ejectment order obtained by landlord against tenant, although not executed - Puts an end to relationship of landlord and tenant - Tenant looses status of tenant after order of ejectment and has no right to continue in possession - Possession after eviction decree without..........
