Skip to content


Judgment Search Results Home > Cases Phrase: the punjab occupancy tenants vesting of proprietary rights act 1952 Page 1 of about 137 results (0.032 seconds)

Oct 15 2003 (SC)

Dalip Singh and ors. Vs. Sikh Gurdwara Prabhandak Committee and ors.

Court : Supreme Court of India

Reported in : AIR2004SC137; 2004(2)ALT40(SC); 2003(4)CTC565; JT2005(6)SC182; (2004)136PLR450; 2003(8)SCALE637; (2003)10SCC352

..... the second respondent and husband of the third respondent. according to the appellants, bhola singh became the absolute owner of this land by virtue of the provisions of the punjab occupancy tenants (vesting of proprietary rights) act, 1952.2. the case was contested by the first respondent sgpc. first respondent raised the following contentions: jeeta singh did not have any title over this property and consequently bhola ..... singh also did not acquire any right from him. there was an earlier litigation as suit no. 859 before the sub-judge, moga and jeeta singh was party to that ..... been later divested from the ownership and management of the gurdwara jeeta singh wala, lohara.10. according to the appellants, the suit properties originally belonged to jeeta singh as occupancy tenant and were inherited by bhola singh. jeeta singh was the mahant of the gurdwara. bhola singh was not his son or legal heir and there is nothing in the ..... of the documents produced by the appellants, bhola singh is shown as the cultivator of these properties. this is not sufficient to prove that the occupancy right or the title of the suit property vested in bhola singh. these revenue records are quite consistent with the fact that bhola singh must have been in possession of this property as an employee .....

Tag this Judgment!

Apr 16 2004 (HC)

Dharam Singh (Deceased) L.Rs. and ors. Vs. Bhagwan Singh and ors.

Court : Punjab and Haryana

Reported in : (2005)139PLR639

..... court of competent jurisdiction or otherwise. section 2(f) and 3 of the punjab occupancy tenants (vesting of proprietary rights) act, 1952 read as under:-'section 2(f) 'occupancy tenant' means a tenant who, immediately before the commencement of this act, is recorded as an occupancy tenant in the revenue records and includes a tenant who, after such commencement, obtains a right of occupancy in respect of the land held by him whether by agreement with the ..... is now to be examined is whether the civil court has the jurisdiction to declare a tenant as occupancy tenant after the commencement of the punjab occupancy tenants (vesting of proprietary rights) act, 1952, even though section 77(3) (d) of the tenancy act contemplates that a suit by a tenant to establish a claim to a right to occupancy falls within the exclusive jurisdiction of the revenue court.12. the issue raised is not ..... landlord to prove that a tenant has not such a right.'10. however, since 15.6.1952 i.e. appointed day under the punjab occupancy tenants (vesting of proprietary rights) act, 1952, all rights, title or interest of the landlord in the land held under him by an occupancy tenant stands extinguished and such right, title or interest shall be deemed to be vested in the occupancy tenant free from all encumbrances. the occupancy tenant has been defined in section .....

Tag this Judgment!

Apr 01 1992 (HC)

Yad Ram and ors. Vs. Ram Lal and ors.

Court : Punjab and Haryana

Reported in : (1992)102PLR604

..... force on 15th june, 1952. section 3 of the act reads as follows :'3. vesting of proprietary rights in occupancy tenants and extinguishment of corresponding rights of landlords.-notwithstanding anything to the contrary contained in any ..... all encumbrances, if any, in the land created by the landlord).'11. this act was subsequently enacted as the state legislature was in sessions and while enacting the same, it was slightly modified, that is to enable the occupancy tenant to acquire proprietary rights in the shamlat land also. this act, the punjab occupancy tenants (vesting of proprietary rights) act, 1952 (punjab act no. 8 of 1953), as per section 1 sub-clause (3) came into ..... its utmost. since the state legislature was suspended, the president of the union enacted the punjab occupancy tenants (vesting of proprietary rights) act, 1951 which came into force on 15th june, 1952.10. section 3 of the president's act no. viii of 1951 reads as follows :-'3. vesting of proprietary rights in occupancy tenants and extinguishment of corresponding rights of the landlord.notwithstanding anything to the contrary contained in any law, custom or usage .....

Tag this Judgment!

Oct 17 1997 (HC)

Jiwan Vs. Ram Sarup (Died) through his L.R's

Court : Punjab and Haryana

Reported in : (1998)118PLR349

..... etc. sold the suit land in favour of ram sarup defendant vide sale deed, dated october 24,1966. under sections 5 and 8 of the punjab tenancy act, 1887, they had become the marusis and under punjab occupancy tenants (vesting of proprietary rights) act, 1952, the plaintiffs have become owners. further case of the plaintiffs is that neither the previous nor the present owners of the suit land ever went ..... of uda was wrongly incorporated in the order, the remedy available to the appellant was to approach that court for rectification of the mistake, if any. section 10 of the punjab occupancy tenants (vesting of proprietary rights) act, 1952 provides that every award or order made by the collector, commissioner or financial commissioner shall be final, and no proceeding or order taken or made under this ..... so also his predecessors-in-interest on payment of nominal rent; on coming into force the punjab occupancy tenants (vesting of proprietary rights) act, 1952, with effect from 15th day of june, 1952 he had automatically become owner of the suit land. the question whether the appellant was occupancy tenant or tenant at will, was to be decided by the revenue court only and not by the civil court. the claim of .....

Tag this Judgment!

Feb 03 1972 (HC)

Tokha and ors. Vs. Samman and ors.

Court : Punjab and Haryana

Reported in : AIR1972P& H406

..... on 15th of july, 1958, and from that date female occupancy tenants of owners who were evacuees also became the absolute owners of the ..... i am wrong in my view that section 4 of the hindu succession act overrides section 59(3) of the tenancy act, there would be no difference in the position. it is true that in 1957 occupancy tenants of evacuee land-owners did not become proprietors of their holdings under the punjab occupancy tenants (vesting of proprietary rights) act, 1952. but the position was reversed by an ordinance which came into force ..... land which was under their possession as occupancy tenants. in other words, they became proprietors of that land .....

Tag this Judgment!

Jan 12 1956 (HC)

Faqiria and ors. Vs. Mt. Rajo and anr.

Court : Punjab and Haryana

Reported in : AIR1957P& H79

..... jamabandl of 1945-46, wazira son of bhupa was shown to be the occupancy tenant under section 5 of the punjab tenancy act 16 of 1887.2. on 15-6-1953, the punjab occupancy tenants (vesting of proprietary rights) act, 1952 hereinafter called the act, came into force in the pun-jab state.3. section 3 of the act provided;'notwithstanding anything) to the contrary contained in any law, custom or ..... usage for the time being in force, on and from the appointed day: (a) all rights, title and interests (including the contingent interest ..... be entitled to receive and be paid, such compensation as may be determined under this act.' 4. that being the position of matters, all rights, title and interest of the landlord in the land held under him by wazira occupancy tenant were extinguished on 15-6-1952.5. in civil suit no. 159 of 1854, one of the points that arose ..... . j. and jai lal, j., observed:'* * * we find that though the common ancestor jassa occupied the land as an occupancy tenant, the rights of the landlord were purchased by ran singh himself. the occupancy rights, therefore, merged in the proprietary rights, and the learned counsel for the appellants hag not been able to cite to us any authority in support ofhis contention that the .....

Tag this Judgment!

Aug 01 1984 (HC)

Ratti Ram Vs. Smt. Basanti and ors.

Court : Himachal Pradesh

Reported in : AIR1986HP61

..... another point in favour of defendant 1. the record shows that mathu and mast ram had occupancy rights in equal share in the land. mathu died during the year 1946 and defendant 1 inherited his rights in the land, and by operation of the punjab occupancy tenants (vesting of proprietary rights) act, 1952, acquired proprietary rights therein. mutation to that effect was also attested in her favour. as such, the said ..... the suit land and had one-half share each, therein. mathu died during the year 1946 and defendant no. 1 widow of mathu acquired proprietary rights in the share of her husband under thepunjab occupancy tenants (vesting of proprietary rights) act, 1952. the plea of defendants 2 and 3 is that defendant 1 had not remarried and was also not living in unchastity. defendants 2 and 3 ..... would have got equal right in the property inherited by defendant 1, with the plaintiff, in case the plaintiff succeeded in the suit.6. the ..... the plaintiff. it is not disputed by the learned counsel for the parties, and rightly so, that in case the remarriage took place after the commencement of the hindu succession act, 1956, defendant 1 in spite of her remarriage could not be divested of her rights in the property inherited by her as a widow. it may be pointed out that .....

Tag this Judgment!

May 15 1992 (SC)

Sri Chand Vs. Inder and ors.

Court : Supreme Court of India

Reported in : JT1992(4)SC445; 1992(1)SCALE1209; 1993Supp(2)SCC560; 1992(1)LC725(SC)

..... ). as the defendants from the time of their predecessor-in-interest had continued possession of the said lands, they made an application for declaration of occupancy tenancy under the provisions of punjab occupancy tenants (vesting of proprietary rights) act, 1952 (hereinafter referred to as the occupancy tenants act) before the assistant collector, grade i, palwal, such proceeding was contested by the gram panchayat but the assistant collector held inter alia that the ..... said defendants nos. 1 and 2 having fulfilled all the conditions under section 5 of the occupancy tenants act, they were entitled to get a declaration of occupancy tenancy rights in respect ..... . even if it is assumed, that bhagwani could acquire occupancy tenancy right under the provisions of punjab tenancy act, the plaintiff has failed to establish by any cogent evidence that bhagwani had in fact acquired such occupancy tenancy right under section 5(2) of the punjab tenancy act. admittedly, bhagwani had not got any declaration of occupancy tenancy right under the occupancy tenants act and it has not been established for how many .....

Tag this Judgment!

Feb 06 2008 (HC)

Commissioner of Income-tax Vs. Amrik Singh

Court : Punjab and Haryana

Reported in : (2008)219CTR(P& H)65; [2008]299ITR14(P& H)

..... record of any payment made for the acquisition of the land. in any case, the assessee acquired the land in view of the right of occupancy, etc., under section 8 of the punjab tenancy act read with section 3 of the punjab occupancy tenants (vesting of proprietary rights) act, 1952, without payment of anything. in other words, the cost of the acquisition of the land to the assessee was nil. when such ..... subsequently passed by the court on january 31, 1972, whereby the agreement dated february 14, 1970, was given the court's sanction in terms of section 3 of the punjab occupancy tenants (vesting of proprietary rights) act, 1952, in the following words:in terms of the statement of the parties and counsel for the parties present, decree for declaration declaring plaintiffs nos. 1 to 4 to be the ..... claimed that he got this land under the provisions of the punjab occupancy tenants act, 1952, and no amount was paid in lieu of the acquisition of land. it was contended that the rights of ownership of the land were, thus, acquired by the assessee by operation of law, namely, section 3 of the punjab occupancy tenants (vesting of proprietary rights) act, 1952, and not by purchase or inheritance and, therefore, the assessee was .....

Tag this Judgment!

May 18 2000 (HC)

Omkar Singh Vs. Nirmal

Court : Punjab and Haryana

Reported in : (2000)126PLR361

..... the coming into force of the punjab occupancy tenants (vesting of proprietary rights) act, 1952 (punjab act no. 8 of 1953) on 15.6.1952 because prior to the coming into force of this act, they were occupancy tenants and with the coming into force of this act, their occupancy nights became enlarged into ownership rights in view of the provisions of section 3 of this act.3. defendants contested the suit ..... so also his predecessors-in-interest on payment of nominal rent and on coming into force of punjab occupancy tenants (vesting of proprietary rights) act with effect from 15th june, 1952, had automatically become owner of suit land. question whether plaintiff was occupancy tenant or tenant-at-will has to be decided by revenue court only and not by civil court. claim of plaintiff ..... and not by a revenue court and for deciding that question, the court will have to see if the conditions prescribed by the punjab occupancy tenants (vesting of proprietary rights) act, 1953, have been fulfilled by the tenant claiming the ownership of land, as in substance, the plaintiff is to seek declaration that he has become the owner of the land ..... a person was or was not occupancy tenant as defined in punjab tenancy act as on 15.6.1952, cannot be given by civil court. after such declaration is given by the revenue court, there is section 3 of act no. 8 of 1953 under which vesting of proprietary rights in the occupancy tenant takes place and corresponding rights of landlord are extinguished. if civil .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //