CiteTEXT
...civil court has no jurisdiction to try the suit. The jurisdiction of the civil court has been specifically excluded under Section 158(2)(xviii) of the Punjab Land Revenue Act, 1887.... The land in question is the agricultural land and the same can be partitioned under the provisions of the Punjab Land Revenue Act. Learned trial court allowed...provisions of the Punjab Land Revenue Act, 1887, which prescribes an elaborate procedure for the same. Remedy of appeal/revision is available against the orders passed in the partition pr...
.... section 16 of the Punjab Land Revenue Act, 1887 (Act XVII of 1887), conferring power of revision on the Financial Commis...section 16 of the Punjab Land Revenue Act would show that it confers plenary power on the Financial Commissioner and does not envis...Commissioner, while exercising power under
section 16 of the Punjab Land Revenue Act, could go into the question of facts as...
...purposes of recovery as arrears of land revenue, cannot be allowed to be disputed so far as the action of the recovery is concerned. The process for recovery starts under ...other steps envisaged under Section 67 of the Punjab Land Revenue Act. We are of the view that the arrest and detention...Punjab Land Revenue Act and on recording their satifaction that the steps taken by them do not fructify, then resort to arrest and ...
...contained in the land did not vest in the Government in terms of Section 41 of the Punjab Land Revenue Act, 1887 and the said right would be presumed to have vested in the recorded tenants in terms of...hereinbefore, did not derive any right, title and interest in the minor minerals. In any event, the right over mines and minerals in proprietors being limited under the provisions of the Punjab Land Revenue Act, th....39. The provisions of the Punjab Land Revenue Act, 1887 govern the rights of the tenants. Before us, the original deeds under which the right of proprietorship, if any, said to be creat...
...the Punjab Land Revenue Act, 1887. It has also been pleaded that the suit is barred by the principle of res judicata. The learned trial Court has rejected the application on the ground that in case...partition proceedings are challenged on the ground of violation of principle of natural justice, the jurisdiction of the Civil Court cannot be said to be barred and, thus, Section 158 of Punjab Land Revenue Act, 18...is not applicable. However, nothing has been mentioned regarding the bar of res judicata. CR-2723-2020 (O&M) -2- So far as the observations regarding Section 158 of Punjab Land Revenue Act, 1887...
...revenue, cannot be allowed to be disputed so far as the action of the recovery is concerned. The process for recovery starts under section 67 of punjab ...step. 3. In the instant case the writ petitioner has claimed that her husband was straightaway put to arrest and detention without resorting to other steps envisaged under section 67 of the punjab land revenue act....land revenue act and on recording their satifaction that the steps taken by them do not fructify, then resort to arrest and detention of the petitioner. Petition accepted...
...on commission basis, is governed by the provisions of the Punjab Land Revenue Act, 1887, Section 28 whereof reads as under:“28. Rules respecting Kanungos and village....”10. Although the post of Lambardar is governed by the provisions of the Punjab Land Revenue Act and the Rules framed thereunder, holder of the said post is not a....”3. Pursuant to or in furtherance of the said rule-making power, the State of Punjab framed the Punjab Land Revenue Rules (for short “the Rules”). Criterion for appointment ...
...higher authority is required. Section 15 of the Punjab Land Revenue Act empowers the review by the revenue officers. If...the Punjab Land Revenue Act. Otherwise also, present petition has been filed after four years of sanctioning of mutations. It appears that just to avoid the limitation, instant writ petition has...Section 16 of the Punjab Land Revenue Act, 1987 to plead that this ought to be construed as a power of review with which we do not ...
...expression “estate” which is used in clause (c) “thirdly” is not defined by the Act but by reason of its Section 3(6) the definition in Section 3 of the Punjab Land Revenue Act, 1887 is attracted to it.... Turning now to Section 3 of the Punjab Land Revenue Act (Act XVII of 1887), it defines an ‘estate' as meaning, inter alia, “any area for which a separate record-of-rights has been made.” It was the...right of pre-emption granted under Chapter XIV of the Berar Land Revenue Code (Appeal 430 of 1958). In the case of an estate within Section 3 of the Punjab Land Revenue Act of 1887 Section 61 of t...
...before him after the amendment made in Section 16(3) of the Punjab Land Revenue Act, 1887. We have considered the arguments advanced by the learned counsel. The amendment is...reproduced hereunder : "(2) In the Punjab Land Revenue Act, 187 in Section 16 sub-sections (3) and (4), the following sub-sections shall be substituted namely :- (3) If in any...-section (3) as it existed prior to the commencement of the Punjab Land Revenue (Amendment) Act, 1998, shall be decided by him as heretofore." As per sub-section (3) of Section...
...had full knowledge of the defect in the title of Mula Singh.
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Held, further, that the presumption under s. 44 of the Punjab Land Revenue Act arose that the...filed a suit under s. 117 of the Punjab Land Revenue Act, 1887, out of which the present appeal arises, in the revenue court for a declaration of his exclusive title to the said two Khasra numbers, and...arrived at by the two lower courts. (2) Under s. 37 of the Punjab Land Revenue Act there is a presumption in favour of an entry in the revenue record if it is made in accordance with the facts proved or...
...provisions of Section 158 of the Punjab Land Revenue Act. If at all, previous partition had not been effected, the remedy again was...Punjab Land Revenue Act but not by civil suit. In view of such circumstances, I do not find any illegality and...
...arrear of land revenue, including the mode by detention, where such right is founded in private agreement? The other question is: If the recovery is made by reference to clause (bb) of Section 98 of the Punjab Land...:“5. That the dues on account of this guarantee will be recoverable in the manner in which land revenue is collected by the Government...R.S Pathak, J.— This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana dismissing a writ petition in limine...
...on behalf of the appellants by their learned counsel that in terms of sections 110 to 126 of Chapter IX of the Punjab Land Revenue Act, 1987, agricultural land could be...jurisdiction of the civil court in this behalf. Clause (xvii) of sub-section (2) of section 158 of the Punjab Land Revenue Act, 1887 reads:—“158. Except as otherwise...R.S.A No. 157 of 1983 in this Court.2. Learned lower Appellate Court held that besides. Bara and the Ghaeir, aforesaid 173 Kanals 11 Marlas of agricultural land was also joint of the...
...Punjab Land Revenue Act a mutation in his favour on the 11th of January, 1957. Although the disputed land is said to have ...Punjab Land Revenue Act will be suspended during the currency of the consolidation proceeding s. Section 32 of th...Punjab Land Revenue Act, 1887, in respect of any estate or a sub-division of an estate effected by the scheme of consolidation shal...
...Section 111 of the Punjab Land Revenue Act, 1887 is not making any headway as no order is being passed by the Assistant Collector I...Section 111 of the Punjab Land Revenue Act, 1887 for partition of the land within a period of six months from the date of ...IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20329-2015 Date of decision : 30.09.2015 Indu Sharma ..... Petitioner Deputy Commissioner-cum- Collector, Ludhiana...
...provisions of Section 111 of the Punjab Land Revenue Act. Pursuant to the decree under challenge they are only entitled to construc...provisions of Section 111 of the Punjab Land Revenue Act through the revenue officer. Learned counsel for respondent Nos. ...succeeds in getting the property partitioned from the revenue officer he will not dispossess the appellants till final decision of the appeal. In view of this undertaking no further directions are required. Civil Misc. is disposed of accordi...
...or in the owner of the land has to be decided in terms of the Wajib-Ul-Arz read with Section 42 of the Punjab Land Revenue Act.... Section 42 of the Punjab Land Revenue Act is as follows:—“42. (1) When in any record-of-rights completed before th..., sub-section (2) of Section 42 of the Punjab Land Revenue Act would be applicable. Unless it is expressly provided in the Wajib-Ul...
...' means a person defined as such in the Punjab land Revenue Act, 1887, (Act XVII of 1887), and shall include an...Punjab Land Revenue Act, (No'. XVII of 1887). In that Act the definition of the word ','landowner" as given in s. 3 (2) is...to persons who are other than tenants and assignees of land revenue, and so we will have to determine whether the appe- llant is a tenant; if he is, he is not a landowner. We have therefore to go to the ...
...the plaintiffs had not claimed declaration of their rights under section 45 of the punjab land revenue act. In view of this observation the plaintiffs moved an application for withdrawal of the suit...consequently set aside and the trial Court is directed to allow the plaintiffs to amend the relief clause so as to claim a declaration under section 45 of the punjab land revenue act. Further it is made...