Court : Delhi
Reported in : 81(1999)DLT99
..... .the deputy commissioner dated 26.6.1967. mr. r.k. banerjee, judicial secretary, by his order dated 24.2.1968 accepted the revision, set aside the impugned order and ..... an evacuee property. on the other hand learned counsel for the petitioner has referred me to the statutory demarcation of the property which was conducted under section 101 of the punjab land revenue act wherein revenue officer (field kanungo) has recorded his findings that the petitioner was not in any manner in occupation of khasra no. 283. the translated portion of the operative part ..... v.p. singh, additional district magistrate (r) dated 26.6.1967, and the order of the deputy commissioner are attached as annexures a-11 and a-12 to this writ petition. 4. that mr. hakum singh, father of respondent no. 4 and others filed a revision under section 16 of the punjab land revenue act before the judicial secretary, delhi administration against the order of ..... verified the fact of the petitioner's possession on the land in question and the houses standing thereon- the tehsildar thereafter on 13.6.1967 submitted his report to the effect that the land in question was situated in an urban area and was governed by the provisions of the land revenue act and the houses situated thereon were assessed to house tax to the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1972P& H50
..... or in the latest wajib-ul-arz in column no. 10 either by virtue of sub-s. (2) of s. 42 of the punjab land revenue act there would be a presumption that the rights vest in the proprietors and not in the government. thus all the writ petitions falling in these ..... evidence. in the written statement the government based its claim, apart from the provisions of sub-section (2) of s. 42 of the punjab land revenue act, on the wajib-ul-arz itself. so it is only the entries in the wajib-ul-arz that would be relevant for deciding the question ..... sc 1081, at p. 1088, that prima facie the land-owners are also the owners ..... punjab land revenue act would only be applicable.15. in addition to the presumption arising under sub-section (2) of s. 42 of the punjab land revenue act reliance was also placed by the learned counsel on the general presumption recognized by their lordships of the supreme court in raja anand brahma shah v. state of uttar pradesh, air 1967 ..... but vests in some other person.14. we have, therefore, to look to the provisions of the punjab land revenue act and the conditions in the wajib-ul-arz of the particular village. section 42 of the punjab land revenue act is to the following effect :--'(1) when in any record-of-rights completed before the eighteenth day .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2000)124PLR371
..... . under section 11 of the punjab land revenue act, 1887, the financial commissioner had the general power of superintendence and control over all revenue officer and in that capacity, he has got a right to issue such instructions. in this view, i am supported by a decision of this court in s. mohan singh v. the financial commissioner, revenue, punjab and ors., (1967)69 p.l.r. 377 ..... , wherein, it has been observed that the standing orders can be issued because of the general power of superintendence granted to the financial commissioner under section 11 of the land revenue act. these instructions have been issued to put a curb on the unrestricted ..... of the suit land as per jambandi for the year 1970-71. the next document is khasra girdawari ex.p.2 starting from ..... -71 which clearly established that shri dalip singh plaintiff was the owner and he was in possession of the land measuring 4 kanals and 14 marlas forming rectangle no. 16/26. there is a presumption of correctness under section 44 of the land revenue act with regard to the jambandis. thus, a reasonable presumption can be drawn that shri dalip singh was in possession .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1971SC369; (1971)1SCC12; 2SCR640
..... possession of the aforesaid lands after evicting chet ram by virtue of the decrees for eviction ..... respondent chet ram was a tenant-at-will of the lands covered by the sales. bhagwan das and others filed a suit against chet ram in the revenue court for ejectment under section 14a(i) read with section 9(1) of the punjab security of land tenures act 1953 which was decreed on july 31, 1967. on august 31, 1968 bhagwan das and others entered into ..... obtained against him.3. after his eviction chet ram the present respondent filed a suit for possession of the lands which were the ..... -emption act, 1913, (punjab act i of 1913), hereinafter called the 'act'. by that provision the right of pre-emption has been declared to vest in the tenant who holds under tenancy of the vendor the land or property sold or a part thereof. it was admitted before the trial court that the respondent was a tenant before july 31, 1967 and that before the institution .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1975SC1869; (1975)2SCC318; 1975(7)LC546(SC)
..... authority on 225-1967; that is to say, about a month prior to the passing of the decree ..... -1966 restraining the defendants from dispossessing the plaintiffs from any portion of the suit land. but before the order of injunction was passed respondents 1 and 2 had filed an application before the revenue authorities under section 9 of the punjab security of land tenures act, 1953 hereinafter called the land tenures act for ejectment of the appellants. an order of eviction was passed by the first ..... arises out of a suit for pre-emption filed by the appellants under section 15 of the punjab pre-emption act, 1913-hereinafter called-the pre-emption act. the suit land is situated in the state of haryana to which the provisions of the act aforesaid are still applicable. the land belonged to smt. shanti, respondent no. 3. the appellants were the tenants of the disputed ..... several grounds. it was decreed by the trial court on the 20th june, 1967 in respect of a portion of the land, measuring 157 kanals 2 marlas. the vendess' appeal in the first appellate court failed on the 20th april, 1968. they succeeded, however in the high court of punjab & haryana on the basis of the decision of this court in bhagwan das .....Tag this Judgment!
Court : Delhi
Reported in : AIR1968Delhi59
..... may 25, 1967, jiwan lal has stated: 'no spto measurements were even taken in the presence of the petitioners nor any such measurements were brought to the ntoice of the petitioners'.(9) the learned counsel for the respondents also raised an objection that the petitioners had an alternate remedy by way of appeal etc. under the provisions of the punjab land revenue act and thereforee ..... date of unauthorized occupation tentatively fixed as august 29, 1956, to the actual date of vacating the land and that in addition jiwan lal will render himself liable for action under section 33 of the said act, the punjab premises and land (eviction and rent recovery) act 1959 or toher provision of law.(6) i am informed by the learned counsel for the petitioners that ..... in the year, 1944. this market land ultimately went to the sate of punjab in 1956 on merger of the then pepsu state with punjab state and thereforee came to be governed by the punjab colonisation of government lands act, 1912, (hereafter referred to as the said act). in 1964 the 2nd respondent the colonization officer punjab chandigarh sold a plto of land measuring 20 x 30 feet in ..... amar nath and niranjan singh shop-keepers had no right to discharge foul water on the land belonging to the petitioner and that no action could be taken under the said act. it was prayed in the said objections that:'before any action is taken the original revenue records with maps i.e. mussavis relating to mandi saproon and the area purchased by .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2004)137PLR742
..... , revenue, punjab, chandigarh and ors., (1981)83 p.l.r. 492 (f.b.), as under:-'a landowner whose land has been declared surplus under the punjab security of land tenure act, 1953, or under the pepsu tenancy and agricultural lands act, 1955. who has not been divested of his ownership of the surplus area before the punjab land reforms act, 1973 ..... his adult sons in view of the provisions of section 4 read with section 5(1) of the punjab land reforms act.'a glance at the facts of the present case shows that though the surplus land at the hands of chuhar singh (respondent no. 5) dasuya, but as yet the landowner has not ..... (respondent no. 3) was allowed to select the permissible area of 30 standard acres under section 5(1) of the punjab land reforms act, 1972 (for short the 1972 act) vide order dated 24.12.1995 passed by the collector agrarian, dasuya and 18 standard acres and about 12 units of ..... decreed by the sub judge ist class, dasuya and consequently, the said land was entered in the revenue record in the names of the petitioners. when the proceedings for declaration of surplus were started in the village in the year 1967, the collector agrarian, vide order dated 8.7.1969 declared 15 standard ..... acres and 14 1/4 units of land belonging to chuhar singh as surplus .....Tag this Judgment!
Court : Gujarat
Reported in : (1970)11GLR428
..... revenue procedure of recovery under the land revenue code and, therefore, no question of discriminating one person in arrear against another such person would arise.21. in the case of northern india caterers (private) ltd. v. state of punjab : 3scr399 , which was referred to in the course of arguments, the court on the particular provisions of the punjab public premises and land (eviction and rent recovery) act ..... present levy of the cess is invalid cannot be accepted. similarly the argument that there is no reference in the preamble of the act to the subject of land or land revenue and that, therefore, the tax is not relatable to land is without substance because in such cases what is to be looked at is the real nature of the tax. annual letting ..... stretched beyond its normal meaning and, therefore, applying that test, the irrigation cess was in substance a tax on water. in the preamble to the act there was no reference to the subject of land or land revenue and, therefore, it was contended that entry 49 of list ii of schedule vii would have no application.5. while dealing with the question of ..... , 1959, came to the conclusion that section 5 of that act conferred an additional remedy over and above the remedy by way of suit .....Tag this Judgment!
Court : Punjab and Haryana
..... of title arises for consideration, much less have they proved any right or interest in the land, in dispute. c.w.p.no.12931 of 2000 -4- we have heard counsel for the parties, perused order dated 11.07.2000, the revenue record, orders dated 22.04.1967 and 06.06.1973 passed by the assistant director, consolidation of holdings, rohtak, haryana, and ..... , are consistent with the facts, referred to above. the petitioners are taking advantage of mutation no.1452 sanctioned on the basis of order dated 21.06.1967 which was set aside in cwp no.2428 of 1967 on 01.04.1971. the petitioners have not been able to prove by reference to any prima facie evidence, any right, title or interest in ..... an order on 06.06.1973, transferring only 1 kanal 4 marlas of land from the gram panchayat to kehar singh, thereby modifying order dated 22.04.1967. in the meanwhile, mutation no.1452 had already been sanctioned, on the basis of order dated 22.04.1967. the gram panchayat approached revenue authorities for cancellation of this mutation. mutation no.2091 was sanctioned on ..... the basis of order dated 06.06.1973 but the name of the petitioners continued to be recorded in the relevant jamabandis. as the then gram panchayat was colluding with the petitioners.residents of the village, filed a petition under section 7 of the punjab village common lands (regulation) act .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1972All97
..... law to guide him.'27. the punjab public premises and land (eviction and rent recovery) act, 1959 provided an additional remedy to the state government for the summary eviction of unauthorised occupants of public premises. the objects and reasons for the enactment of the act stated that there was no provision in the land revenue act or in any other act providing for summary removal of unauthorised encroachment ..... the learned judges proceeded on the principle laid down by the supreme court in northern india caterers (p.) ltd. : 3scr399 (supra).38. in my opinion, section 3 (1) (c) of the u. p. public moneys (recovery of dues) act, 1965 violates article 14 of the constitution. the state legislature enacted the uttar pradesh recovery of taxes and other public moneys ..... occupation, make an order of eviction. an appeal was provided against the order to the commissioner. in northern india caterers (p.) ltd. : 3scr399 (supra) the supreme court by majority held that the enactment of that act resulted in an additional remedy being made available to the government which it thought was speedier than the one by way of suit under ..... of that court in northern india caterers (p) ltd. v. state of punjab : 3scr399 . he observed:'in my opinion the principle enunciated in the case of banarsi das would be applicable to clause (c) of subsection (1) of section 3 of the public moneys (recovery of dues) act, 1965. under that clause where any person is party to any agreement providing .....Tag this Judgment!