Punjab Security of Land Tenures Act, 1953, Section s, 18, 10A(b) -- Death of original big landowner during pendency of purchase proceedings - Heirs small landowners - Tenant does not lose right to purchase tenancy land under Section 18...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Ejectment for failure to pay rent regularly without sufficient cause - Default in payment of rent established - Onus for showing sufficient cause for nonpayment of rent - On tenant - Ejectment application in 1979 for failure of tenant to pay rent in respect of Rabi 1978 to Kharif 1979 - Facts proved on record..........
Punjab Security of Land Tenures Act, 1953, Section s, 14A(i), 9(1)(ii) -- Compensation for improvements - Claim of tenant for compensation for improvements ordered to be decided afresh after giving full opportunity of being heard to the parties - Tenant's failure to pay rent regularly without sufficient cause established - Ejectment orders upheld - Punjab Tenancy Act,..........
Revenue Record -- Evaluation of entries - Any occupant of agricultural land other than owner - Generally entered as tenant-at-will - Payment of rent - Determines status of occupant...........
Punjab Utilisation of Surplus Area Scheme -- Para 6(c) Proviso - Eligibility for allotment on priority basis - Only if sitting tenant cultivating land on appointed day i. e. 24th January, 1971 - Tenant inducted after appointed day - Not entitled to preferential right under Proviso to Para 6(c)...........
Punjab Security of Land Tenures Act, 1953, Section 9 -- Repudiation of tenancy or disclaimer of landlord's ownership - Tenancy not forfeited - Tenant does not become trespasser over land - Mere repudiation by tenant does net determine a tenancy and render his possession adverse - Disclaimer of landlord's title does not entail penalty of forfeiture to enable landlord to..........
Punjab Tenancy Act, 1887, Section 14, 77(3)(n) -- Suit in Civil Court for recovery of mesne profits against occupant on the allegation that occupant of land trespasser and not a tenant thereby denying relationship of landlord and tenant- Not barred by provisions of Sections 14 and 77(3)(n) - Section 14 comes into play only when owner of land deems himself to be landlord of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit by U and J for declaration that plaintiff U in possession of land and for permanent injunction restraining defendants from interfering in peaceful possession of land - Averments in written statement that J who was in possession of land on application by defendants under Punjab Security of Land..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Concealment of material facts - Plaintiff claiming himself to be a tenant of one S alleged owner of land, whereas defendant claiming itself to be owner and landlord of plaintiff -Matter to be decided by Court after recording evidence - Defendant not able to show any prejudice caused by alleged..........
Punjab Tenancy Act, 1887, Section 4(5), 4(6), 4(8) -- Relationship of landlord and tenant - Absence of positive evidence regarding creation of tenancy - Simply on the basis of Khasra Girdawari entries not possible to hold that person occupying land in capacity of tenant - Entries in Khasra Girdawari not sufficient to prove existence of landlord and tenant relationship...........
