Registration Act, 1908, Section 49 -- Unregistered conveyance deed requiring compulsory registration - Does not convey title in property - Cannot be received as evidence of transaction in view of Section 54 Transfer of Property Act...........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15 -- Eviction order passed under the Act challenged in Civil Court - Prima facie not competent - Enquiry by Estate Officer under the Act - Quite elaborate - 'Estate Officer competent to record a finding on a question of title between the parties - Finding on question of title affirmed in appeal by..........
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 Village Common Lands (Regulation) Act, 1961, Section 7 -- To put a particular individual in possession of any land on the basis of title - No jurisdiction with Collector under the Act...........
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..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Himachal Pradesh Land Revenue Act, 1954, Section 35, 36, 37, 38 -- Mutation - Question of title raised by any party and dispute serious - Appropriate course - To refer case to Civil Court - Revenue Authorities should not decide question of title themselves -Ill-advised to enter into question of title and adjudicate..........
Punjab Land Revenue Act, 1887, Section 150, Himachal Pradesh Land Revenue Act, 1954, Section 163 -- Prerequisite for applicability - Land should be Government land or land which has been reserved for site of a village or for common purposes of co-sharers - No dispute on question of title should be there before action can be initiated under the section - If dispute as to..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, 45, 35, 36, 37, 38, 46 - - Mutation proceedings - Do not relate to title - Findings of Revenue Authorities - Cannot effect title - Holding of Revenue Authorities merely for revenue purposes including levy of land revenue and other cesses - If any person feels aggrieved and apprehensive that cloud created on his title -..........
Himachal Pradesh Land Revenue Act, 1954, Section 171(2)(xxv), 163 - - Question of title seriously in dispute - Determination by Revenue Authorities under Section 163 - Jurisdiction of Civil Court not ousted by clause (xxv) of sub-section (2) of Section 171...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Whether string can be attached to order (granting temporary injunction after finding plaintiff in continuous possession) directing that nature of land shall not be altered pending disposal of suit - A co- sharer in exclusive possession of a portion of undivided holding, can transfer it subject to..........
