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..........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 19 - - Mere payment of rent - Not sufficient to establish relationship of landlord and tenant between occupier and Gram Panchayat - Possession protected only of allottee, lessee or grantee of Panchayat land...........
Punjab Security of Land Tenures Act, 1953, Section 18 -- Purchase of tenancy land - Land held by tenant surplus when application under Section 18 filed - Surplus area order set aside and finally land held by tenant shown as part of permissible area of landowner - To be taken that it was so right from commencement of the Act - Tenant not entitled to purchase - Plea that..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Single default - Renders tenant liable to ejectment - Under Section 9(1)(ii) liability of tenant to pay rent regularly - Every infraction visits defaulting tenant with consequences of ejectment unless tenant able to show sufficient cause for default...........
Punjab Tenancy Act, 1887, Section 53, 57 -- Sale of occupancy rights-Prior notice of intention to transfer not served on landlord through Revenue Officer - Non-compliance with provisions of Section 53 -Transferee cannot claim under Section 57 to have same rights and subject to same liabilities as tenant before transfer...........
Punjab Land Reforms Act, 1972, Section 5(1), 4, Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32D, 32E, 2(g) -- Determination whether landowner stood divested of possession of surplus area or not before appointed date - Surplus area of landowner-S under Pepsu Act declared in 1960 - Report in 1961 showing taking of possession from landowner-S by Revenue..........
Punjab Security of Land Tenures Act, 1953, Section s, 10A(b), 5, 5A, 5B - - Deficiency caused in surplus land of landowner - Can be made good from landowner (when such deficiency not caused by acquisition by Government or by inheritance or by purchase of tenancy land by tenant under Section 18) unless landowner can show that it will cause reduction in his ownership to a..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 7, 7A -- Procedure of ejectment - Not dealt with by the Act - Continues to be same as provided in Punjab Tenancy Act - Two alternative methods : (i) suit before a Revenue Court, and (ii) Summary proceedings in shape of notice of ejectment having regard to Sections 42(b), 43 and 45 Punjab Tenancy Act - Tenant to be..........
Punjab Security of Land Tenures Rules, 1956, Rule 6 -- Allottee of land under East Punjab Utilization of Lands Act - Not a tenant in terms of Punjab Security of Land Tenures Act - Cannot question validity of order declaring surplus area belonging to landowner on the ground that it had been passed without notice to allottee - Objection that land declared surplus was Banjar..........