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Judgment Search Results Home > Cases Phrase: resettlement act 1949 Page 1 of about 85,179 results (0.157 seconds)

Apr 05 1968 (SC)

Chief Settlement Commissioner, Rehabilitation Department, Punjab and o ...

Court : Supreme Court of India

Reported in : AIR1969SC33; (1968)70PLR1082; [1968]3SCR655

..... or grantee of land as may be specified by the provincial government;'. section 2(c) of the east punjab displaced persons (land resettlement) act, 1949 (east punjab act no. xxxvi of 1949) defines a 'displaced person' as follows : ''displaced person' means a land-holder in the territories now comprised in the province of ..... of the names of the respondents in the revenue records. reference was made in this connection to paragraph 17 of tarlok singh's land resettlement manual which has already been quoted. it was contended by mr. prem that the instructions contained in this paragraph would apply even though nanak ..... and the revision petition were both dismissed. in dismissing the revision petition the chief settlement commissioner relied upon paragraph 17 of tarlok singh's land resettlement manual, 1952 edition, page 180 which was to the following effect : 'even where a displaced land holder in whose name the land stands ..... 'displaced person' as defined in para 2(e) of the notification dated july 8, 1949 or a 'refugee' as defined under s. 2(d) of act no. xii of 1948 and whether he was entitled for allotment of land. it is manifest that the expression 'displaced ..... person to whom land is allotted by the custodian under the conditions published with east punjab government notification no. 4892/s, dated the 8th july, 1949, and includes his heirs, legal representatives and sub-lessees'. 8. the main question to be considered in this appeal is whether nanak chand was a .....

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Feb 22 1962 (SC)

Tekan and ors. Vs. Ganeshi

Court : Supreme Court of India

Reported in : [1962]Supp3SCR386

..... an 'allottee' and 'lessee' as defined in clauses (b) and (c) respectively of section 2 of the east punjab displaced persons (land resettlement) act, 1949, (act xxxvi of 1949) hereinafter referred to as the 'resettlement act'. explanation - in respect of land mortgaged with possession, the mortgage shall be deemed to be the landowner.' 3. it is not in dispute ..... not an allottee or a lessee as defined in cls. (b) and (c) of s. 2 of the east punjab displaced persons (land resettlement) act, (no. xxxvi of 1949). it is also not in dispute that the appellant is not a mortgagee with possession. therefore he can only claim to be a landowner within this ..... revenue, but does include a person to whom a holding has been transferred, or an estate or holding has been let in farm under this act for the recovery of an arrear of land-revenue or of a sum recoverable as such as arrear and every other person not hereinbefore in this ..... on behalf of the appellant before the commissioner was that he was a landowner within the meaning of that word in s. 2(1) of the act and was therefore entitled to eject the respondent. the commissioner held that the position of a lessee was just like a mortgagee with possession and that ..... definition if he is a landowner as defined in the punjab land revenue act, (no. xvii of 1887). in that act the definition of the word ' .....

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Sep 28 2001 (HC)

S.A. JaIn College Trust and Managing Society Vs. the State of Haryana ...

Court : Punjab and Haryana

Reported in : (2004)136PLR287

..... . all leases of land made by an evacuee in favour of a person other than an evacuee were terminated by section 9 of the east punjab displaced persons (land resettlement 'act'), 1949 (for brevity '1949 act') section 9 created one exception and it empowered additional custodian to grant exemption to a lease from termination. the appellant also applied for exemption and vide order dt. 24 ..... is a vexatious piece of litigation and does not have any substance. therefore, it merits dismissal.19. the appellant has lost the battle before various authorities under the 1947 act, 1950 act and 1949 act. the detailed reference has been made to those orders by the learned additional district judge ambala in his order dated 30.12.1974. respondent no. 2 was allotted this ..... years i.e. on 31.8.1967 right of the appellant as present holder had come to an end and by virtue of the provisions in section 5 of the 1949 act, such a present holder cannot claim any compensation or share in rent.18. we have thoughtfully considered the respective submissions of the learned counsel for the parties and are of ..... respondent had entered into constructive possession of the land allotted or leased to him on 20.7.1953. he further submitted that the present holder under section 5 of the 1949 act could retain possession of his land till a date, allottees under section 4 becomes entitled to actual possession and all his rights title or interest in the land would cease .....

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Apr 19 1963 (HC)

Lajya Ram Kapur Vs. Union of India (Uoi) Through Secy. Ministry of Reh ...

Court : Punjab and Haryana

Reported in : AIR1963P& H405

..... have normally expired under the 'deeming' clause embodied in section 9 of the east punjab displaced persons (land resettlement) act, 1949, on 25th of july, 1949, whereby all leases made by an evacuee in favour of a person other than an evacuee were to terminate on 25th of ..... the muslim owners before the partition and had been allowed to continue their leases under section 9 of the east punjab displaced persons (land resettlement) act, were to be allowed facilities to purchase evacuee lands in their possession. it was decided as stated in this letter that in order ..... purchased in an auction held under the orders of the managing officer, appointed under the provisions of the displaced persons (compensation and rehabilitation) act, by way of specific performance and the union of india was sought to be restrained from confirming the sale in favour of another person ..... . the second respondent further pleaded thatthe civil court had no jurisdiction to entertain the suit undersection 36 of the displaced persons (compensation andrehabilitation) act.6. on the pleadings, the following preliminary issue was framed by the learned trial judge:--'whether the civil court has jurisdiction to try this ..... it was specifically pleaded that the order of rejection was not passed under any of the provisions of the displaced persons (compensation and rehabilitation) act, 1954. as the second respondent was not minded to implement its own policy decision, the plaintiff felt obliged to bring the present suit, .....

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Jul 24 1978 (HC)

The Mathana Ex-serviceman Co-operative Tenants Farming Society, Villag ...

Court : Punjab and Haryana

Reported in : AIR1979P& H32

..... tenures act, 1953. certain rules were also said to have been made in 1897 for utilization of waste land in punjab. it was ..... a lessee under s. 5 of the act. in the instant case, the learned counsel for the alleged lessees points out that there were a number of enactments under which the land could be given. they were said to be; colonization of govt. lands act, 1912; the east punjab displaced persons resettlement act, 1949; east punjab reclamation of land act, 1941 and the security of land ..... not clear under which provision the land was allotted to the alleged lessees. hence, at the very threshold, the power of the collector to proceed under the act ..... the supreme court and the observations and directions given by it in its judgment.4. on the assumption that the provisions of the east punjab utilization of lands act, 1949 (hereinafter referred to as the act) applied, the collector kaithal issued orders to a bunch of ex-servicemen co-operative tenants farming societies, directing their dispossession from the lands and their delivery .....

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Aug 30 1967 (HC)

Munshi Ram and ors. Vs. Financial Commissioner, Haryana and ors.

Court : Punjab and Haryana

Reported in : AIR1968P& H162

..... , each of his sons falls within the concept of a displaced person which under subsection (11) of section 2 of the act 'has the meaning assigned to it in the east puniab displaced persons (land resettlement) act, 1949,' (hereinafter called the resettlement act). in the resettlement act, a displaced person, under clause (c) of section 2. means,--'a land-bolder in the territories now comprised in the ..... considering the rights of quasi-permanent allottees, mr. justice jagannadhadas observed at pages 605 and 606 that:'it may be mentioned in this context that east punjab displaced persons (land resettlement) act, 1949, mentioned above, which was passed shortly after these rules were notified also defines the word 'allottee' and says that allottee means. 'a displaced person to whom land is allotted ..... lands any time since 1st of march. 1947, as an aftermath of partition or in consequence of its fear. it is submitted by mr. wasu that on 19th november. 1949, when the resettlement act was enacted, the appellants as sons of bishan dass had become holders of land in pakistan, their father having died on 11th of april. 1948. it is urged that ..... which came into force on 3rd of april, 1948. in that act also the definition of the words 'claim' and 'refugee' was the same as in the east punjab ordinance no. vii of 1948.23. then came the east punjab displaced persons (land resettlement) ordinance (east punjab ordinance no xiv of 1949) which was published in the east punjab gazette extraordinary of 25th .....

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Mar 29 1957 (SC)

Amar Singh Vs. Custodian, Evacuee Property, Punjab

Court : Supreme Court of India

Reported in : AIR1957SC599; [1957]1SCR801

..... the word 'allottee' is defined as including 'heirs, legal representatives and lessees of the allottee.' it may be mentioned in this context that east punjab displaced persons (land resettlement) act, 1949, mentioned above, which was passed shortly after these rules were notified also defines the word 'allottee' and says that allottee means 'a displaced person to whom land is ..... (e.p. ordinance xiv of 1949) which was replaced by the east punjab displaced persons (land resettlement) act, 1949 (e.p. xxxvi of 1949). this act was meant 'to provide for the allotment of evacuee lands in east punjab.' the right of an ..... person treated as a trespasser, on cancellation of allotment, shall, on demand, surrender possession to the custodian. the subsequent east punjab ordinance ix of 1949, central ordinance xxvii of 1949 and central act xxxi of 1950 contain substantially the same provisions relating to cancellation of allotments. it may be mentioned that all these legislative measures had a section relating ..... act that what is known as the parcha claim and the form therefore were standardised calling for accurate information as regards quite a large number of details which had to be taken into consideration in determining the land to be allotted to a displaced land-holder. this was followed by the east punjab displaced persons (land resettlement) ordinance, 1949 .....

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Jan 21 1974 (SC)

State of Punjab (Now Haryana) and ors. Vs. Amar Singh and anr.

Court : Supreme Court of India

Reported in : AIR1974SC994; (1974)2SCC70; [1974]3SCR152

..... of 1887) and also includes an "allottee" and "lessee" as defined in clauses (b) and (c) respectively, of section 2 of the east punjab displaced persons (land resettlement) act, 1949. under the explanation added to the clause, a mortgagee, in respect of the land mortgaged with possession is also to be deemed a 'landowner'. "landowner" is not comprehensively defined in ..... the act. the fivefold object of the act., endorsed by subba rao j. (as he then-was) speaking for this court in gurbax singh v. state of punjab(1) is ..... the land revenue act, clause (2) of sec. 3 of that act makes it clear that "landowner" does not include a tenant. thus, it is to be noted that lesses from the landowner (being other than those falling under s. 2(e) of the land resettlement act, 1949) do not come within the definition of "landowner-" given in ..... taken away, but the transferee even if a small landowner,- will not be rid of the liability to accommodate evicted tenants whom the government may wish to resettle under s. 10-a(a). the act does not take away the right of the landowner to induct tenants on such area, or the rights of the tenants so inducted, to purchase the land .....

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Apr 30 1969 (HC)

Kanianwali Co-operative Farming Society at Kanianwali Through Its Secr ...

Court : Punjab and Haryana

Reported in : AIR1970P& H157

..... 1887), and shall include an 'allottee' and 'lessee' as defined in cls. (b) and (c) respectively, of section 2 of the east punjab displaced persons (land resettlement) act, 1949 (act 36 of 1949), hereinafter referred to as the resettlement act.' explanation:-- in respect of land mortgaged with possession, the mortgagee shall be deemed to be the land-owner. (the definition of the 'land-owner' in the punjab ..... land revenue act is in these terms:-- 'land-owner' does not include a tenant or an assignee of land revenue, but does include a person to whom a ..... section 10-a, the state government or any officer empowered by it in this behalf could utilize the surplus area for the resettlement of elected tenants or tenants that might be ejected under section 9 (1) (i) of the act.sub-section (b) of section 10-a provides as follows:--'10-a (b) -- notwithstanding anything contained in any other law for the ..... came into force on may 26, 1955. one of the specified objects of enacting the 1955 act was 'to introduce the new concept of 'surplus area' and its utilisation by the state government for the resettlement of ejected tenants'. another objective of the said enactment was 'to prevent sales and other dispositions of land adversely, affecting the continuance of tenancies and the .....

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Sep 25 1968 (SC)

Jaimal and anr. Vs. Financial Commissioner, Punjab and ors.

Court : Supreme Court of India

Reported in : AIR1969SC392; [1969]2SCR210

..... 'lessee', as defined in clauses (b) and (c) respectively, of section 2 of the east punjab displaced persons (land resettlement) act, 1949 (act xxxvi of 1949), hereinafter referred to as the 'resettlement act'. the explanation to section 2(1) reads :'in respect of land mortgaged with possession, the mortgagee shall be deemed to be ..... includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, as denned in section 2 of the resettlement act.'6. in the land. revenue act, 1887, 'land-owner' has been defined as follows, in section 3(2) :''land-owner' does not include a tenant ..... the land-owner.'5. the word 'tenant' is defined in section 2(6) as follows :''tenant' has the meaning assigned to it in the punjab tenancy act, 1887 (act ..... tenancy for a minimum period of six years, or (ii) who has been restored to his tenancy under the provisions of this act and whose periods of continuous occupation of the land comprised in his tenancy immediately before ejectment and immediately after restoration of his tenancy ..... by his order dated august 27, 1962, held that the appellants were not entitled to purchase the land under section 18 of the act. thereupon the appellants filed a petition under article 226 of the constitution, seeking to quash the order of the financial commissioner. the high .....

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