Punjab Security of Land Tenures Act, 1953, Section 10A, 10B, Punjab Security of Land Tenures Rules, 1956, Rule 18, 20A, 20B, 20C, 20D -- Utilisation of surplus area - When complete - Surplus area declared with landowner - Allotment of surplus area to resettled tenants - Warrants issued for possession of land - Resettled tenants executed Qabuliat Namas in favour of..........
Punjab Tenancy Act, 1887, Section 77(3)(n) -- Suit for recovery of rent - Denial by defendant of being a tenant of land in dispute under plaintiff - Jurisdiction of Revenue Court - Barred - Orders of Revenue Authorities decreeing claim - Quashed being ultra vires...........
Punjab Tenancy Act, 1887, Section 4(5) -- Tenancy - Conies into existence only when a bilateral agreement between the parties - To prove a tenant - One of the material circumstances - Liability to pay rent - Only when conclusion reached that person liable to pay rent, can it be held that person claiming to be tenant, is a tenant under landowner - Amount of rent not..........
Evidence Act, 1872, Section 116 -- Continuance of tenancy - Tenant cannot deny title of landlord at the beginning of tenancy - Cannot acquire ownership by adverse possession merely because of entries in record of rights...........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(i), 14A(i), Punjab Tenancy Act, 1887, Section 77(3)(e) -- Ejectment on ground of small landowner - Onus of proving a small landowner - On landowner - Onus of proving that landowner is not a small landowner - On tenant...........
Punjab Tenancy Act, 1887, Section 77(3)(e), 77(3)(n), 42, Punjab Security of Land Tenures Act, 1953, Section 9(1)(i), 9(1)(ii), 14 - - Ejectment ordered on ground of : (i) landowner being a small landowner, (ii) tenant's failure to pay rent without sufficient cause, and (iii) no, payment of arrears of rent by tenant - Portion of decree determining money liability does not..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii), 14A(i) -- Tenant's failure to pay rent regularly without sufficient cause - Notice to tenant to pay arrears of rent so as to wipe out default of payment of rent - No requirement of law...........
Punjab Security of Land Tenures Act, 1953, Section 14A(ii) -- Recovery of arrears of rent - Section 14-A(ii) envisages ex-parte notice to tenant to make payment by certain date - Tenant in case questions his liability, enquiry in that regard - Result of enquiry if goes in favour of tenant or even against him - No notice subsequently required to be sent to tenant...........
Constitution of India, 1950, Article 226 -- Writ of Certiorari - Finding of fact arrived at by one Court or the other whether reconcilable with evidence on that score and whether tenant not in arrears of rent and not for long - No concern of High Court in writ proceedings...........
Punjab Tenancy Act, 1887, Section 42 -- Ejectment in execution of decree for arrears of rent - Section 42 puts restriction that if the decree remains unsatisfied, then a notice required to be given to tenant to pay arrears of rent, failing which order has to be passed ejecting tenant - Not a measure for ejectment in the strict sense but one of punishment for no, compliance..........
