Punjab Village Common Lands (Regulation) Act, 1961, Section 13 - - Suit in Civil Court for permanent injunction restraining defendants from raising any construction or interference in possession of suit land and for a mandatory injunction directing defendants to demolish construction and restore Gali Sheh-re-aam (thoroughfare) to its original position - In pleadings of..........
Transfer of Property Act, 1882, Section 60, 59A - - Suit for possession by mortgagee - Mortgagor and persons claiming through him cannot claim redemption in such suit - Fixed term in usufructuary mortgage - Redemption cannot take place during such term - P mortgaged land to N & S and afterwards mortgaged it to A for a fixed term and as per term of subsequent mortgage-deed..........
Civil Procedure Code, 1908, Order 30, Rule 1, 2 -- Suit for permanent injunction in Civil Court restraining Gram Panchayat from dispossessing forcibly from land which vested in Gram Panchayat - Theka of land auctioned yearly by Gram Panchayat and different persons used to occupy land on yearly basis - Person who took the lease for a particular year - Cannot be said to be a..........
Land Acquisition Act, 1894, Section 4, 6, 11, 16 -- Challenge to notifications under Sections 4 and 6 on the ground of no, completion of acquisition proceedings for more than two years subsequent to issuance of notification under Section 6 indicative of fact that notifications were result of colourable exercise of power under the Act and issued only with a view to peg down..........
Punjab Land Revenue Act, 1887, Section 116, 117, 123 -- Private partition, to be recognised - Proceedings should have been taken under Section 123 - Private partition not incorporated in revenue records - Mere fact that possession of some land given up by one of the co-sharers - Does not lead to the conclusion that a private partition was effected - No question of title..........
Co-sharer -- Suit for possession by co-sharer - Only entitled to decree for declaration - Decree for joint possession cannot be granted - Vendee from co-sharer in possession of joint land acquires a valid title to land subject to rights of other co-sharers at the time of partition...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13B - - Transfer of case from Civil Court to Assistant Collector 1st Grade for adjudicating upon question of title - Not competent...........
Adverse possession -- Permissive possession cannot be converted into adverse possession unless proved that person in possession asserted adverse title to property to the knowledge of true owner for a period of 12 years or more - Mere no, participation in rent and profits of land by a co-sharer does not amount to ouster so as to give title by adverse possession to the..........
Punjab Land Revenue Act, 1887, Section 116 -- Application for partition - Revenue Officer only to see whether a prima facie case regarding question of title - Suit by co-sharer in Civil Court claiming ownership in common purposes land due to adverse possession - No prima facie case regarding question of title - No question of holding up partition proceedings...........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 90 -- Auction sale - Till confirmed in favour of a bidder - No title to property passes in his favour - Does not mean that auction purchaser has no locus standi to assail orders setting aside sale proceedings in his favour...........
