September 2020

Pre-emption—Before granting relief of pre-emption to a registered sale deed, the Court has to be certain about the existence of superior right, a tenant claims

By | September 26th, 2020|Revenue Cases|

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February 2020

Punjab Land Revenue Act, 1887, S.16–Revision–Delay in Filing-Financial Commissioner without condoning the delay in filing the revision has proceeded to set aside the order passed by the Assistant Collector 1st Grade on the ground that petitioners have been proceeded against exparte

By | February 16th, 2020|Revenue Cases|

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January 2020

Haryana Ceiling of Land Holdings Act, 1972 – Section 8(3), 9 and 12(3) – Determination of surplus land – Appellants were not bonafide purchasers, they have purchased the land from “M” vide Sale deed dated 14.06.1989 i.e. much after land stood vested in the State Government and after the Orders were passed by the Commissioner and Financial Commissioner HELD Appeal dismissed

By | January 28th, 2020|Revenue Cases|

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December 2019

[DIVISION BENCH] East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, S.42–Revision–Opportunity of being heard–Once the petitioner had executed a valid Vakalatnama/Power of Attorney when the matter was pending before the Assistant Director, Consolidation then petitioners cannot claim that he was not heard before the impugned order-Petition dismissed.

By | December 30th, 2019|Revenue Cases|

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Security of Land Tenures—A tenant/lessee of agricultural land cannot be ordered to be evicted by way of suit for mandatory injunction

By | December 2nd, 2019|Revenue Cases|

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Village Common Land—Nature of Land—The judgment and decree on admission would not have binding effect and cannot be constructed against the revenue record

By | December 1st, 2019|Revenue Cases|

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November 2019

Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953– Ownership Rights—Merely because of coming into force of the 1953 Act, petitioners would not become the owners of the land on which they were tenants—Held; Firstly, the entries have to be made in the revenue record and if that being not the position, then the jurisdiction with regard to the issue would be that of the Civil Courts.     

By | November 3rd, 2019|Revenue Cases|

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October 2019

“….. since entries in the revenue records do not confer title to a property, nor do they have any presumptive value on the title. They only enable the person in whose favour mutation is recorded, to pay the land revenue in respect of the land in question. “

By | October 18th, 2019|Revenue Cases|

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March 2019

“Marusi” would be an authorised occupant and “Gair Marusi” unauthorised-The Legislation in its wisdom has framed the Act for conferring the title of an occupant tenant and not unauthorised-It is also matter of law of common knowledge and equity

By | March 30th, 2019|Revenue Cases|

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December 2018

July 2018

East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, S.42–Revision–Non providing of passage-Application filed after 40 years of consolidation- Application was allowed without considering the explanation- Matter remanded.

By | July 9th, 2018|Revenue Cases|

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June 2018

Punjab Land Reforms Act, 1972-Punjab Utilization of Surplus Area Scheme, 1973, Clause 10{c)–Cancellation of allotment-Allottee of surplus area transferred his land in violation of scheme and without paying any compensation to state-­Revenue authorities cancelled the allotment and re-entered the mutation in the name of state—Order held to be justified

By | June 11th, 2018|Revenue Cases|

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May 2018

Eviction-Non-payment of rent—Denial of relationship—As per jamabandi petitioners were landowners and respondent were paying ‘batai’/rent-Merely because in a simple civil suit for injunction and not for declaration petitioner was not found in possession; it cannot be inferred that petitioner was not the landowner

By | May 17th, 2018|Revenue Cases|

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April 2018

Punjab Security of Land Tenures Act, 1953, S.14-A–Eviction–Nonpayment of Rent-In the event of a single default in payment of rent without justification, the tenant would be liable to be evicted

By | April 28th, 2018|Revenue Cases|

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Punjab Land Revenue Act, 1887, S.44–Revenue Records-The entries in jamabandi are not proof of        in respect of an irremovable property-Entries made by patwari in official record are only for the purpose of records and do not by itself prove the correctness of the same nor can statutory presumption be: drawn on the same, particularly, in the absence of corroborative evidence. 

By | April 21st, 2018|Revenue Cases|

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Evacuee Property—Occupant cannot claim allotment of land on the pleas that they were/are in its unauthorized occupation since the 1964 or prior thereto as original allottee failed to take possession of land allotted to them being  Displaced Person’.

By | April 19th, 2018|Revenue Cases|

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Punjab Tenancy and Agricultural Lands Act, 1955, S.7–Eviction—Non payment of rent—Extension of time—Once the statute prescribes a period for compliance of a particular act, the time cannot be extended unless there is a specific provision in the statute conferring such power on an authority.  

By | April 19th, 2018|Revenue Cases|

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Since the Gram Panchayat has lost its title qua the subject-land in favour of respondent and those orders have attained finality, the petitioners have no locus-standi or cause of action to challenge those orders as they had merely stepped into the shoes of the Gram Panchayat. 

By | April 18th, 2018|Revenue Cases|

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March 2018

East Punjab Utilization of Lands (Haryana Amendment) Act, 2014-Renewal of Lease-­Finding as to possession of petitioner and ownership that of HUDA confirmed-­Amendment act come into existence just two months prior to passing of order by appellant authority so might have skipped his attention

By | March 18th, 2018|Revenue Cases|

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Punjab Chowkidara Rules, R. 6 & R.7 -Appointment of Village watchman-Nomination by village headman and where there was more village headman, then the opinion of the majority was to prevail

By | March 12th, 2018|Revenue Cases|

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