Court Fees Act, 1870 (7 of 1870), Section 6A, 7(iv-A) – Advalorem court fee -- Suit claiming a decree for declaration to the effect that the gift deed be declared as null, void, forged and fabricated having no effect on the rights of the plaintiff and consequential information in this regard be sent to the Sub-Registrar's office -- It is not a simplicitor suit for declaration of rights and it clearly falls under section 7(iv-A) of the Act.

(Para 3, 11)

Waqf Act, 1995 (43 of 1995), Section 6, 7, 83 – Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 11 -- Waqf property – Jurisdiction of Waqf Tribunal -- Gair Mumkin Khangah and Takia -- Tribunal decided the issue of jurisdiction and held that the question of title would be decided by the Collector under the provisions of the Punjab Village Common Lands (Regulation) Act, 1961, however decided the other issued on merits – Tribunal would not be excluded from adjudicating the matter -- Tribunal having held that it did not have the jurisdiction to try and decide the suit, the findings on merits on other issues could not have been rendered by it -- Impugned judgment and decree passed by the Tribunal set aside and the matter remanded to the Tribunal for decision afresh in accordance with law.

(Para 1, 3, 6-8)

Punjab Land Revenue Rules, Rule 15 (d) -- Appointment of Lambardar – Interaction quality of candidate – Consideration of -- Appellant was quizzed by the Collector, District Collector found that appellant was incapable of telling anything about himself, it was found that he was not a suitable candidate for the post of Lambardar – Respondent no. 4 was appointed as he appeared to be more mature and healthy person -- The interaction part, which is most important aspect to find out the capability as such, was totally lost sight of by the Financial Commissioner while interfering in the well-considered order of the Collector – Ld. Single Judge has allowed the writ petition filed by respondent No.4 and set-aside the order passed by the Financial Commissioner – No merit in appeal, dismissed.

(Para 1, 4-6)

Constitution of India, Article 226 -- Mutation entry – Inaction of authority – Direction sought for respondent No.2 to take immediate decision on the mutation application moved by petitioner -- NOCs of other legal heirs have already been submitted by the petitioner in the year 2013 – Direction issued to respondent No.2 to take a decision on the mutation application by a reasoned and speaking order not later than three months.

(Para 3-6)

Punjab Land Revenue Rules, Rule 15 – Constitution of India, Article 226 -- Appointment of Lambardar – Younger in age – Non-consideration of other factors – Effect of -- Petitioner was appointed as Lambardar by Collector, only on the ground that she is younger than the other candidates; whereas, the other factors, as envisaged under Rule 15 of the Punjab Land Revenue Rules, have not been taken into consideration – Commissioner remanded back the case, which order was upheld by the Financial Commissioner --  Case requires a fresh look at the level of District Collector is correct and does not call for any interference.

(Para 8.1-9)

Court-fees Act, 1870 (7 of 1970), Section 7 – Sale deed – Challenge to -- Ad-valorem court fee -- Neither the plaintiff is executant of the sale deed nor has sought possession -- Being a non-executant, plaintiff can avoid the sale deed and thus, is not required to affix ad valorum Court fee on the value of the property.

(Para 10)

Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994), Section 131(4), 146 – Himachal Pradesh Panchayati Raj (General) Rules, 1997, Rule 143, 148 -- Removal of Pradhan of Panchayat – Bye-election – Statutory remedies -- Revision petition pending adjudication before the Secretary (Panchayati Raj) -- In case, the post of Pradhan Gram Panchayat is allowed to be filled-up by holding Bye-election, right to hold the post of Pradhan, in case she eventually succeeds in her revision petition, would be adversely affected -- Decision taken by the State Election Commission to withdraw the Election Notice in respect of Pradhan, Gram Panchayat does not call for any interference.

(Para 4)

Punjab Land Revenue Rules, Rule 15(c) – Appointment of Lambardar -- Service to nation – Availability in village -- Respondent No.4/ appointed candidate earlier had worked for 16 years as Lambardar and was a retired officer from CRPF and sufficiently educated upto 10th standard and had served the nation and he had taken part in various wars/operations and also a holder of prestigious President Medal -- Service rendered to the State is an important aspect -- Appellant is working in the Forest Department and, therefore, cannot give as much time to the villagers – Appointment of respondent no. 4, upheld.

(Para 4, 5)

A. Punjab Tenancy Act, 1887 (XVI of 1887), Section 4(3)(5)(6) – Landlord -- Tenant -- Gair marusi tenant -- Merely because appellant is recorded as ‘Gair Maurusi’ in the revenue record, does not mean that he is a tenant over the suit property – There can be no tenancy unless there is a condition of payment of rent, though the rent may be payable in cash, kind or service etc. -- Held, it is inconceivable that there can be any tenancy without the condition of payment of rent, unless there is a contract to the contrary, absolving the tenant the liability to pay rent.

(Para 14, 15)

B. Punjab Tenancy Act, 1887 (XVI of 1887), Section 4(3)(5)(6) – Gair marusi tenant – Trespasser -- Adverse possession -- A party to the litigation cannot be allowed to take contrary stands to suit his convenience -- When in the earlier two litigations, it was ordered by the courts that appellant could be dispossessed in due course of law, he changed the stand in next litigations taking contrary plea that he had become owner of suit property by adverse possession -- In none of the earlier litigations decided earlier, he has been held to be tenant in the suit land, though his plea of possession has been upheld with further direction that he cannot be dispossessed except in due course of law – No evidence that tenancy was ever created and as such, his possession over the suit land is nothing less than that of a stranger / trespasser.

(Para 19)

C. Punjab Tenancy Act, 1887 (XVI of 1887), Section 4(3)(5)(6) – Punjab Security of Land Tenures Act, 1953 (10 of 1953), Section 9 --  Tenant of land – Eviction -- Jurisdiction of civil court --  When the person is inducted as a tenant on payment of rent and the rent is not paid --  Civil Court will not have jurisdiction and the landlord will have to seek his remedy before the Revenue Authorities to seek ejectment of such tenant or a tenant holding over, under the provisions of Punjab Tenancy Act, 1887 to be read with the provisions Punjab Security of Land Tenure Act.

(Para 22)

D. Punjab Tenancy Act, 1887 (XVI of 1887), Section 4(3)(5)(6) – Punjab Security of Land Tenures Act, 1953 (10 of 1953), Section 9 --  Gair marusi tenant – Suit for possession – Jurisdiction of civil court --  When the possession of person concerned on the suit land is without payment of rent, such as person is no more than a stranger or trespasser over the suit property -- In such a situation, his possession, howsoever long it may be, cannot be considered in the capacity of tenant in view of the definition of ‘landlord’, ‘tenant’ and ‘rent’ -- In this eventuality, it is only the Civil Court, which will have the jurisdiction to pass the decree of possession in favour of the landlord – Suit for possession decreed.

(Para 22, 23)

Haryana Land Revenue Act, 1887 (XVII of 1887), Section 116, 121 -- Mode of partition – Sanad takseem/ Instrument of partition -- Challenge to – Ground of -- Since the sanctioned mode of partition was never challenged by the petitioners and had attained finality, the petitioners can question the final partition only on the ground that the same is not in consonance with mode of partition.

(Para 7.2)

A. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 121 -- Partition of land – Value and location of land -- It is well-settled that besides the possession of the co-sharers over the portions in the joint land holding, the value and location as well as the nature of such land have also to be taken into consideration at the time of affecting the partition so that all the co-sharers get the portions of the land without any prejudice to their entitlement as per their respective shares in the total land under partition.

(Para 8)

B. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 121 -- Partition of land – Value and location of land -- Entire portion of the subject land abutting the road allocated to the appellants – Respondent No.5 has not been given even an inch of land out of the same which, by no stretch of imagination, can be termed to be justified and equitable at all.

(Para 8)

Haryana Land Revenue Act, 1887 (XVII of 1887), Section 158(2) -- Jurisdiction of civil court -- Suit for mandatory Injunction to nullify the breaking up of original Khewat into three Khewat and restore the original Khewat – Prayer essentially attracts the provisions of Section 158(2)(vi) of the Punjab Land Revenue Act, 1887 – Jurisdiction of Civil Court is barred -- It is cardinal rule of interpretation that where a statute provides that a particular thing should be done, it should be done in a manner prescribed and not in any other way -- Learned first appellate Court was justified in nonsuiting the plaintiff on the issue of maintainability of the suit, being barred under the provisions of the Act.

(Para 12)

Legal Services Authorities Act, 1987 (39 of 1987), Section 22A(B), 22C – Haryana Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 6 -- Lease of the Gram Panchayat land – Public Utility Service – Maintainability of proceedings before Permanent Lok Adalat -- Lease of the Gram Panchayat land to any bidder is not a part of the Public Utility Services defined under the Legal Services Authorities Act, 1987 -- Proceedings at the first instance could not have been maintainable before the Permanent Lok Adalat.

(Para 5, 6)

Punjab Land Revenue Rules, Rule 15(d) – Appointment of Lambardar – Encroachment upon common land – Ld. Collector should have given finding whether possession was unauthorised or not -- Clean image of the candidate and the character of the candidate has to be seen and kept in mind by the Collector -- In such circumstances, the Financial Commissioner had remanded the matter for fresh consideration for which no fault can be found – Order of Financial Commissioner, upheld.

(Para 8, 9)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 118, 121 -- Punjab Pre-emption Act, 1913 (1 of 1913), Section 3(1) (2) and (3), 8, 15, 16 -- Pre-emption decree – Partition of land – Naksha bey – Naksha jeem -- Severance of co-sharer status -- Prior to the passing of the judgment and decree by the trial Court not only the 'naksha bey' had been sanctioned but even the 'naksha jeem' had been prepared and thus, on the date of the judgment and decree, there was severance of the relationship of co-sharers between the plaintiffs and defendants No.1 and 2 and thus, the plaintiffs had no right of pre-emption on the date of the passing of the judgment by the trial Court.

(Para 18)

Haryana Land Revenue Act, 1887 (XVII of 1887), Section 13, 15, 16 -- Haryana Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Less educated candidate – Less land holding – Effect of – Choice of Collector :

-- Respondent no. 4 recommended by Assistant Collector Ist Grade and Assistant Collector IInd Grade. Although, the Collector is not bound by the recommendation made by the Revenue Authorities in favour of a candidate; however, due consideration is to be accorded to such recommendations as they are in a position to assess the suitability of a candidate and such recommendation would have some persuasive value.

-- Respondent No. 4 has about 7 acres of land, which is sufficient to be taken into consideration for the purpose of security of revenue, collected by the Lambardar -- Moreover, land revenue stood abolished in both the State of Punjab and Haryana, long back, thus owning land by the candidates for the post of Lambardar would not be of much significance any further.

-- Respondent no. 4 acquitted in criminal case under Section 170 and 420 IPC.

Learned Collector is the main authority for appointment of the Lambardar -- It is the Collector, who not only appreciates the antecedents of all the candidates in the fray but also personally interacts with them -- Merely because the petitioner is more educated or holds slightly more land than respondent No. 4, it cannot be said that the choice made by learned Collector, keeping in view all the relevant considerations, is illegal or perverse – Writ petition dismissed.

(Para 7-9)

Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 -- Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Less land holding – 10^th pass in comparison to BA -- Choice of Collector – Interference in – Petitioner is 10^th Pass having 6 acres of land  -- Respondent no. 4 is BA Pass having 15 acres of land -- Petitioner is younger in age than respondent No. 4 and is sufficiently educated and has sufficient landholding -- Further, the name of the petitioner was recommended by the lower revenue officers and the learned Collector found the petitioner as the most suitable candidate for appointment to the post of Lambardar -- Financial Commissioner/ FC remanded the case by noticing the claim of respondent No. 4 that he is more educated and he holds more land than the petitioner whereas the other relevant aspects have not been taken into consideration -- Choice of Collector is not to be lightly interfered with, even if two views are possible – Order of FC set aside, order passed by ld. Collector, appointing the petitioner as Lambardar upheld.

(Para 7.1, 7.3, 9)

Haryana Canal and Drainage Act, 1974 (29 of 1974), Section 20(3), 55(4)(6) – Constitution of India, Section 226, 227 -- Nakka from the watercourse – Finality of order – Once the matter regarding provisioning of Nakka to the land of respondent No. 3 and/or father of respondent No. 3 was considered and decided by the Superintending Canal Officer and the said order having attained finality, it would be just and expedient not to permit the same issue being agitated again -- Superintending Canal Officer by directly entertaining application of respondent No. 3 and by passing the impugned order has unsettled the settled position, which has not only prevented the finality of decision that has been reached at, but has conveyed a wrong message that a litigant may go on filing applications for a relief claimed and even if the same is denied, it could be granted at some subsequent stage -- This is clearly against public policy and administration of justice -- Civil writ petition allowed and the impugned orders set aside.

(Para 11)

Punjab Land Revenue Rules, Rule 15 – Punjab Land Revenue Act, 1887 (XVII of 1887), Section 16 -- Appointment of Lambardar -- Petitioner is younger in age; is more educated than respondent No.4 and her name was recommended by the SDM – Ld Collector’s appointed petitioner as Lambardar and order was further upheld by the learned Divisional Commissioner, however the Financial Commissioner set aside both orders and appointed respondent no.4 as Lambardar.

-- In the State of Punjab, age of a candidate is a relevant factor.

-- Respondent No. 4 owns more land however the petitioner has about 5 Kanals of land, which is sufficient to be taken into consideration for the purpose of security of revenue, collected by the Lambardar.

-- Petitioner is a well-educated lady having done M.A. B.Ed. and also holds an I.T. diploma.

Order passed by learned Financial Commissioner is unsustainable and the same is accordingly set aside.

(Para 7-10)

Punjab Municipal Act, 1911 (3 of 1911), Section 22 – Punjab Municipal (Executive Officer) Rules, 1976, Rule 3 -- Removal of President of Municipal Council – Appointments of contractual employees -- Appointment letters distributed by President in a programme which was yet to be fixed -- Employees are still working in the Municipal Council, no allegation by the official respondents that the same was done dishonestly or for any extraneous consideration or by using the corrupt practices – It amount to misuse of power, but not an abuse of power – Not warrant his removal from the office – Impugned order quashed.

(Para 18-20)

Indian Stamp Act, 1899 (2 of 1899), Section 33, 35 -- Suit for specific performance – Insufficient stamp on agreement – Penalty of 10 times – Trial court imposed 10 times penalty -- Imposition of penalty to the extent of ten times, is not mandatory and discretion lies with the authority -- Parties entered into agreement to sell, without having knowledge of the amendment carried out by the State of Punjab -- Petitioner-plaintiff shall be liable to pay the deficient stamp duty, along with equivalent amount of penalty, within a period of 30 days. Amit Kumar’s case 2022(3) Law Herald 2472 relied – Revision allowed.

(Para 1, 13-17)

Haryana Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (50 of 1948), Section 23 -- Possession of new holding -- Petitioners continued in possession of the old khasra numbers and the effect to the consolidation proceedings has not been given, though revenue record may have been corrected -- Writ petition disposed to give effect to the consolidation proceedings qua the petitioners by way of handing over the physical possession of the land to which they are entitled.

(Para 3, 4)

Punjab Public Premises and Land (Eviction and Rent Recovery) Act, 1973 (31 of 1973), Section 5 – East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (50 of 1948), Section 20, 21 -- Eviction of unauthorised person – Right under consolidation – Ground of -- Final authority came to the conclusion that petitioner had encroached upon the land in dispute, auction whereof had taken place on 10.05.1993 -- Question of entitlement, as such, could not be raised and which is now contended on the strength of consolidation proceedings.

(Para 5)

Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 11D – Shamilat deh – Ownership dispute – Framing of issues -- Summary procedure – Sustainability of -- Statutory authorities in a most summary manner declined the espoused declaratory decree – No issue struck on the contentious pleadings -- It was imperative for the authorities concerned, to formulate issues for the relevant evidence adducing onus becoming cast upon the litigants concerned -- Petition allowed, impugned order set aside, matter remanded back to Collector.

(Para 8-10)

Haryana Land Revenue Act, 1887 (XVII of 1887) , Section 44 – Haryana Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 7 -- Jamabandi entries – Possession – Presumption -- Possession of plaintiffs-respondent Nos.4 to 7 over the property duly established on record through Jamabandi entries relating to the year 1971-72 till 2006-07 -- Though the land in question is recorded to be owned by the appellant-Gram Panchayat, however, it is in long settled physical possession of the plaintiffs-respondent Nos. 4 to 7, who are cultivating the same -- In terms of Section 44 of the Punjab Land Revenue Act, 1887, presumption of truth is attached to the entries of possession made in the revenue record in the shape of Jamabandies -- No fault could be found with the reasoning, whereby the appellant-Gram Panchayat was restrained from interfering in the possession of plaintiffs-respondent Nos. 4 to 7, except in due course of law.

(Para 9, 10)

A. Punjab Land Revenue Rules, Rule 15 – Appointment of Lambardar – Less land holding – Effect of -- Petitioner owns more land than appointed candidate/ respondent No. 4 -- Respondent No. 4 has 10 Kanals 16 Marlas of land, which is sufficient to be taken into consideration for the purpose of security of revenue, collected by the Lambardar -- No scope for any interference.

(Para 1, 8.2, 9)

B. Punjab Land Revenue Rules, Rule 15, 20 – Punjab Land Administration Manual, Para 307 -- Appointment of Lambardar – Illiterate Candidate – Educated candidate – Preference of -- "Lambardari Rules" do not prescribe any minimum educational qualification for appointment of a Lambardar -- However, considering the duties to be performed by the Lambardar, as envisaged under Rule 20 of the Punjab Land Revenue Rules; it would be in the fitness of things to prefer an educated person.

(Para 8.6-8.8)

C. Punjab Land Revenue Rules, Rule 15 – Appointment of Lambardar –Panch/ Sarpanch – Candidature of -- Being a Sarpanch or Member Panchayat reflects upon the popularity of a particular candidate in the village and is considered as a merit and not as a de-merit.

(Para 8.9)

D. Punjab Land Revenue Rules, Rule 15 – Appointment of Lambardar – Acquittal in criminal case -- Petitioner had criminal case, although he has been acquitted -- If a person with clean antecedents has been preferred, no fault can be found with the same.

(Para 8.10)

Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar -- Appointed candidate/ respondent No. 4 is younger in age and more educated than the petitioner. Moreover, the name of respondent No. 4 was recommended by Tehsildar, Moga and Sub Divisional Magistrate, Moga.

-- With regard to the appointment of a Lambardar in the State of Punjab, age of a candidate is a relevant factor.

-- as far as recommendations by the lower Revenue Officer is concerned, although, the Collector is not bound by the recommendation made by the Revenue Authorities in favour of a candidate; however, due consideration is to be accorded to such recommendations.

-- As far as holding of land is concerned, same is taken into consideration only for the purpose of security towards government revenue collected by the Lambardar. Respondent No. 4 has about 8 kanal of land, which is sufficient to be taken into consideration for the purpose of security of revenue, collected by the Lambardar. Moreover, land revenue stood abolished in both the State of Punjab and Haryana, long back, thus owning land by the candidates for the post of Lambardar would not be of much significance any further.

Ld. Financial Commissioner has rightly appointed respondent No. 4 as Lambardar, there is no scope for any interference in the impugned order.

(Para 9-12)

Haryana Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Acquittal in criminal case – Appellant/ ex-serviceman acquitted in criminal case -- Private respondent, who was aged 32 years and passed BA-II was having 5 acres of agricultural land found more suitable -- It is settled principle of law that though a person might have been acquitted but he is supposed to have clean antecedents should be no taint – Appeal dismissed.

(Para 4-6)

A. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Recommendation by Revenue authorities – Land ownership – Consideration of -- Not much difference in the age of petitioner (24 years) and respondent No.4 (30 years) and both are equally educated -- Respondent No.4 (appointed by Collector) owns land in his own name and his name was recommended by Tehsildar as well as Sub Divisional Magistrate – Although, the recommendation made by the lower Revenue Authorities may not be binding on the District Collector, however, due consideration is to be accorded to such recommendation as they are in a position to assess the suitability of a candidate and such recommendation would have some persuasive value – Order of Collector restored.

(Para 10-14)

B. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Choice of Collector -- Learned Collector is the main authority for appointment of the lambardar -- It is the Collector, who not only appreciates the antecedents of all the candidates in the fray but also personally interacts with them -- Thus, the subjective satisfaction of the Collector, should have been respected.

(Para 12)

Madhya Pradesh Land Revenue Code, 1959 (M.P. Act No. 20 of 1959), Section 257(f), (m) – Jurisdiction of civil court -- Dispute is to the effect as to whether the plaintiff is bhumiswami or the defendant 1 is bhumiswami of the land in question -- Suit for declaration of title and permanent injunction or for restoration of possession is maintainable before Civil Court only – Provisions of section 257 (f) & (m) have no relevance to the suit for declaration of title and permanent injunction.

(Para 10-13)

Specific Relief Act, 1963 (47 of 1963), Section 16 -- Registration Act, 1908 (16 of 1908), Section 17 -- Agreement to sell – Registration of – Requirement of – Suit for specific performance -- First Appellate Court held that for the purpose of filing the suit for specific performance of the agreement to sell, the registration of the agreement to sell is not necessary – No ground to interfere is made out – Appeal dismissed.

(Para 3-9)

Punjab Security of Land Tenures Act, 1953 (10 of 1953), Section 2(5-a) -- Haryana Ceiling on Land Holdings Act, 1972 (26 of 1972), Section 14(1) -- Surplus land – Permissible area – Non-utilisation of – Effect of – Land declared as surplus not utilized till date as per Section 14 (1) of the Haryana Ceiling of Land Holdings Act, 1972 -- Since the holding of the plaintiff, her father and other co-sharers is still joint and the permissible area & surplus area of the plaintiff has not been separated and distinctively identified till date, so the defendant-State cannot utilize the area declared as surplus in any manner whatsoever.

-- Land declared as surplus of the plaintiff had not been allotted to any eligible tenants and thus, the proceedings have not been completed till date nor the possession has been taken from the plaintiff till date.

-- Direction given to the defendants/ State to first complete proceedings under 1953 Act regarding the declaration of the land as surplus and it is only thereafter that land of the plaintiff is to be declared as surplus or permissible as per 1972 Act by giving her the benefit of the fact that she has become an independent unit being a married lady and cannot be included as a unit of family of her father/ landowner

-- Till all these proceedings are completed, decree of injunction passed, restraining the defendant/ respondent State from dispossessing the plaintiff from any part of the suit land held by her, as was transferred to her by her father, except in due course of law.

(Para 14-17)

Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Age of candidate -- Respondent No.4 (24 years old) had an edge over the petitioner (39 years old) inasmuch as that he is younger in age than the petitioner -- Age of a candidate is a relevant factor.

(Para 3, 3.1, 12)

A. Specific Relief Act, 1963 (47 of 1963), Section 9 -- Punjab Tenancy Act, 1887 (XVI of 1887), Section 51 – Civil suit for possession of agricultural land -- Ejectment of tenant -- Denying title of landlord – Effect of – Jurisdiction of civil Court -- If defendants denied the title of the plaintiffs in the written statement by taking a specific plea to the effect, that will be sufficient to hold that they had denounced the title of the plaintiff -- Civil Court will have the jurisdiction to entertain the suit for possession.

(Para 10)

B. Specific Relief Act, 1963 (47 of 1963), Section 9 -- Limitation Act, 1963 (36 of 1963), Section 27 -- Punjab Tenancy Act, 1887 (XVI of 1887), Section 51 – Tenancy of agricultural land – Adverse possession – Plea of -- Effect of – Finding beyond pleadings – Permissibility of -- At no point of time, defendants ever claimed to be tenants on the suit land -- Their consistent stand taken in the written statement is that they are in possession of the suit land and had perfected their title by way of adverse possession -- Their plea of adverse possession has not been found as correct -- The First Appellate Court on its own, made out a new case for the defendants by holding them to be tenants on the suit land -- The First Appellate Court could not travel beyond the pleadings of the parties -- Even the evidence, led beyond the pleadings of the parties, could not be appreciated in that direction -- Suit decreed.

(Para 11, 13)

Court Fees Act, 1870 (7 of 1870), Section 7(x)(a) -- Suits Valuation Act, 1887 (7 of 1887), Section 8 – Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Suit for specific performance -- Rejection of plaint -- Advalorem court fees – Court fee on market value of property -- Trial Court directed to determine the market value of the suit property, as on the date of filing of the suit, by allowing the parties to place on record the documentary evidence in that respect and also by seeking information from the office of Collector/Revenue Authorities and thereafter direct the plaintiff to pay the ad-valorem court fee on the market price of the suit property -- On payment of said court fee, the Trial Court may proceed further with the suit.

(Para 11)

Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 (8 of 1953), Section 2(f), 3 -- East Punjab Evacuee’s (Administration of Property) Act, 1947 (14 of 1947), Section 4, 6 -- Lease by Muslims before independence of India – Rights of lessee – Occupancy tenants/ owner of land -- Plaintiffs claimed to have acquired rights of occupancy tenants in the said land and that after coming into force of the Act, they had become owner thereof – Plaintiffs sought a decree of declaration to that effect and also sought to restrain the defendants from interfering in their possession -- Stand of the defendants-State was that after migration of the Muslim landowners to Pakistan, the land had vested in the custodian and the lease hold rights of the plaintiffs came to an end and that they had become liable to be evicted -- Suit was decreed by the trial Court, first appeal of State dismissed – Regular Second appeal also dismissed.

(Para 1-5)

Punjab Co-operative Societies Act, 1961 (25 of 1961), Section 27 --  Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Suit without authority – Permissibility of – Suspension of society – Appointment of Administrator – Fate of suit -- Learned Appellate Court found that President had not produced any authority by means of any resolution of the society authorizing him to file the suit or to defend the appeal and as such, the suit filed by him was not maintainable and apart from this, after suspension of the Managing Committee of the Society and appointment of the Administrator, President was left with no locus standi to continue with the suit or to defend the suit – No illegality, perversity or infirmity in the aforesaid findings of the First Appellate Court.

(Para 2.2, 11)

Court-fees Act, 1870 (7 of 1870), Article 1, Schedule 1 -- Ad-valorem court fee – Transfer of property in favour of family members by registered instruments -- Suit for cancellation of document -- Trial court directed the plaintiff to pay ad-valorem court fee – Held, suit will be governed by Article-I, Schedule-I of the 1870 Act, which provides for payment of ad valorem court fee on the value of the subject matter in dispute -- There is no error in the impugned orders of the trial Court -- Revision dismissed.

(Para 3, 11, 12)

Punjab Security of Land Tenures Act, 1953 (10 of 1953), Section 2(5-a) -- Haryana Ceiling on Land Holdings Act, 1972 (26 of 1972), Section 12(3), 16 – Surplus land – Allotment thereof – Notice to subsequent purchaser – Requirement of -- Suit land declared surplus in the hands of big landowners way back in 1965 and had vested in the State of Haryana w.e.f. 24.01.1971, whereas plaintiffs-appellants purchased the suit land in May 1980 i.e. almost 15 years later than the declaration of the suit land as surplus -- Before making the allotment, simple effecting of the munadi in the village is sufficient u/s 16 of the Act so that the eligible allottees can put forward their claim -- As plaintiffs were not recorded as owners of the suit land, so it was not essential to issue them any such notice.

(Para 8-10)

Shamilat deh – Mutation -- Land pre-consolidation was shamlat deh -- Consolidation Authority had no right to partition the land amongst the proprietors and to allot the land to the plaintiff-appellants -- Argument that since there was a mutation in favour of plaintiff, hence, he had become legal owner of the plot also deserves to be rejected.

(Para 2, 11)

East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (50 of 1948), Section 21(2) – Constitution of India, Article 226 -- Re-allotment of land – Objections -- Addl. Director Consolidation remanded the lis to decide objections u/s 21(2) of the Act – Consolidation Officer passed order, yet the aggrieved estate holder challenged the order in appeal before the Settlement Officer, who dismissed the said appeal – On petition of aggrieved party, Additional Director of Consolidation reversed earlier order -- Remedy to the aggrieved from earlier order  was before High Court or before the Civil Court -- Exercising of jurisdiction twice by the same authority on similar motions tantamount to the exercising of review jurisdiction, which is impermissible – Writ allowed, preserving liberties to access the Civil Court remedies.

(Para 3-9)

A. Punjab Land Revenue Rules, Rule 17(ii) -- Appointment of Lambardar – Hereditary claim -- Contended that the petitioner being son of the deceased Lambardar has hereditary claim to the post – Hereditary claim is unconstitutional, argument raised is without any force, rejected.

(Para 5, 6)

B. Punjab Land Revenue Act 1887 (XVII of 1887), Section 13, 15 -- Appointment of Lambardar – Choice of Collector -- Appointment of the Lambardar is prerogative of the Collector and even if there are two views possible, then the view taken by the Collector should not be discarded -- Collector is the prime authority for deciding the most suitable candidate for the post of Lambardar and his order cannot be interfered unless the same suffers from material perversity.

(Para 6, 7)

Pepsu Tenancy and Agricultural Lands Act, 1955 (13 of 1955), Section 18 – Punjab Tenancy Act, 1887 (XVI of 1887), Section 59 -- Succession of tenancy rights to lineal male descendant – Agricultural land -- Dispute is with regard to succession to the tenancy rights between the son on one side and the daughter and daughter-in-law of a pre-deceased son on the other side -- Both the courts below after have relied upon Section 18 of the Pepsu Occupancy Tenants (Vesting of Proprietary Rights) Act 1953 and Section 59 of the Punjab Tenancy Act, 1887, which provide that lineal male descendant are only entitled to inherit the tenancy rights – No ground to interfere – Appeal dismissed.

(Para 1-5)

A. Haryana Registration and Regulation of Societies Act, 2012 (Haryana Act No. 1 of 2012), Section 22, 39, 40 – Ousting the membership -- Non-production of documents by Society – Effect of -- Society cannot be permitted to take benefit of its own lapse in not producing its own record in relation to the claim made by the petitioners – Impugned orders passed disregards the evidence adduced by the petitioners, finding that said record was not produced by the Society -- Same, is not a valid ground to defeat the rights of any person or to disregard its evidence in entirety and to oust him from membership -- Matter remanded back to District Registrar of Societies.

(Para 31-37)

B. Haryana Registration and Regulation of Societies Act, 2012 (Haryana Act No. 1 of 2012), Section 80 – Election of governing body under challenge -- Induction of 278 persons as members of the Society – Effect upon -- Unless any defect is pointed out at the outset as regards the eligibility of 278 members to be inducted as members or that they had not deposited the requisite charges or fulfill the eligibility conditions required under bye-laws, their induction cannot be said to be invalid merely on account of any subsequent defect as may be noticed in the election of the governing body.

(Para 36)

A. Haryana Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (50 of 1948), Section 21, 42 – Jurisdiction of Director Consolidation -- After the updating of records taking place, there is no exercisable jurisdiction vested in the Director of Consolidation rather within the domain of Section 42 of the ‘Consolidation Act, 1948’

(Para 11)

B. Haryana Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (50 of 1948), Section 21, 36, 42 -- Finalisation of consolidation proceedings – Revocation of -- Updation of records taking place in terms of Section 22 of the 'Consolidation Act, 1948' and none of the aggrieved made challenge, it acquired binding and conclusive effect -- Transfer of possessions were made to all the estate holders, inclusive of the Gram Panchayat -- Consolidation scheme not amenable to be revoked -- Orders prima facie vary and revoke the finalized consolidation scheme are in conflict with Section 36 of the 'Consolidation Act, 1948' -- Writ petition succeeds and the impugned orders quashed and set aside.

(Para 14-17)

C. Punjab Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 7, 11 -- Haryana Village Common Lands (Regulation) Act, 1961 (18 of 1961), Section 7, 13A, 13AA -- East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (50 of 1948), Section 42 -- Haryana Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (50 of 1948), Section 42 -- Collectors and Appellate Authorities contemplated under the Punjab Village Common Lands (Regulation) Act, 1961 -- Authorities contemplated under Section 42 of the 'Consolidation Act, 1948 – Directions issued :

1) Firstly, the authorities envisaged under Section 42 of the 'Consolidation Act, 1948' are required to be adhering to the mandate of law encapsulated in Parkash Singh's case (2014(2) L.A.R. 1 = (2013) Law Today Live Doc. Id. 11728) besides are enjoined to also revere the judgment of even date rendered by this Court.

2) It appears that the non compliance(s) to the mandates as enclosed in this judgement do arise either because of sheer lack of knowledge or ill training(s) of the authorities contemplated under Section 42 of the 'Consolidation Act, 1948'. Therefore, the Additional Chief Secretary(ies) to the Governments of Punjab and Haryana, are directed to forthwith prepare data, thus revealing the numbers of unchallenged verdicts, which became recorded by the authorities contemplated under Section 42 of the 'Consolidation Act, 1948', especially when such verdicts are outside the contours and domains of judgment made today by this Court. The said data be collected and submitted before this Court on or before 15.07.2024.

3) Moreover, this Court has also consistently noticed that the Collectors concerned in making trials both over petitions cast under Section 7 and/or under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, though are required to be framing issues as arise from the contentious pleadings of the litigants concerned, and, whereafter they are required to be permitting the litigant concerned, to adduce the apposite evidence on those issues, whereons, the discharging onus becomes cast on the litigants concerned, but yet the said recourses remain un-adopted, thus leading to gross injustice.

4) The Collectors concerned are also not bearing in mind the principles relating to proof of demarcation reports through the author(s) thereof stepping into the witness box.

5) The appellate authorities concerned, while dealing with the applications for condoning the delay are also not formulating issues, on the contentious pleadings nor are they permitting the litigant concerned to adduce the evidence discharging onus thereons.

Directions given to Additional Chief Secretary, Revenue(s), to the State of Punjab and to the State of Haryana, to ensure, that trainings are imparted to the authorities contemplated under Section 42 of the 'Consolidation Act, 1948', besides to ensure that trainings are imparted to the Collectors and Appellate Authorities contemplated under the Punjab Village Common Lands (Regulation) Act, 1961.

(Para 18, 19)

A. Punjab Land Revenue Rules, Rule 15 -- Appointment of Lambardar – Age of candidate -- For the appointment of Lambardar, age of the candidate is a relevant factor.

(Para 7)

B. Punjab Land Revenue Act, 1887 (XVII of 1887), Section 13, 16 -- Appointment of Lambardar – Choice of Collector -- Collector is the main authority for appointment of the Lambardar -- It is the Collector, who not only appreciates the antecedents of all the candidates in the fray, but also personally interacts with them -- Subjective satisfaction of the Collector cannot be ignored in a cavalier manner.

(Para 7)

Indian Stamp Act, 1899 (2 of 1899), Section 3, 18, 32, 33, 35 -- Impounding a power of attorney (UK)  – Deficient stamp duty – Right to pay deficient stamp duty and penalty -- Section 35 of the Act empowers the trial Court to direct the party who wants the documents to be acted upon, to pay stamp duty or the deficient portion together with penalty as detailed therein -- Time limit of three months provided under Section 18 and clause (b) of Section 32 is not attracted -- Petitioner permitted to pay the stamp duty and penalty.

(Para 13-14)

East Punjab Evacuee’s (Administration of Property) Act, 1947 (14 of 1947), Section 4, 6 -- East Punjab Displaced Persons Land Re-settlement Act, 1949 (Act 36 of 1949), Section 9 – Administration of Evacuee Property Act, 1950 (31 of 1950), Section 12 – Punjab Tenancy Act, 1887 (XVI of 1887), Section 5(1)(a) -- Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 (8 of 1953), Section 2(f), 3 – Code of Civil Procedure, 1908 (V of 1908), Section 9 -- Lease by Muslims before independence of India – Occupancy rights – Jurisdiction of civil court -- Plaintiffs were already in possession of the suit property much prior to the 1947 Act -- It is not case of State/ defendants-appellants that they ever took possession of the property in dispute by following the procedure as laid down in Section 6 of the Act -- As possession was never taken from the plaintiffs by following the procedure as laid down in Section 6 of the 1947 Act, therefore, said possession cannot be held to have become unauthorised.

-- Nothing on record to suggest that lease in favour of the plaintiffs was ever terminated by the custodian, in whom the property had been vested by virtue of Section 4 of the 1947 Act, by following the procedure laid down in Section 9 (2) of the 1949 Act -- It is not the case of the defendants-appellants that the present case fails under any of the categories mentioned at (a), (b) and (c) of Section 12 of the 1950 Act and as such, it is held that Section 12 of the Central Act of 1950 or Section 9 of the 1949 East Punjab Act did not affect the rights of the plaintiffs/ respondents as tenants on the suit land.

-- Plaintiffs being in possession of the suit land at least since 1914-15, without paying any rent to the owners and paying only the land revenue and cesses and the entry in the revenue record being “Bashra Malkan Bewajah Derina Kast”, therefore, there can be no doubt in holding that plaintiffs had acquired the occupancy rights.

-- Plaintiffs having acquired the occupancy rights in the suit land vested with the ownership rights in view of the provisions of Punjab Occupancy Tenants (Vesting of Proprietory Rights) Act, 1952.

-- It is only the Civil Court alone, which would have jurisdiction over the issue as to whether a person had acquired occupancy rights or not, and consequent to the acquiring of the occupancy rights, whether the ownership rights had vested in him or not.

(Para 13-27)

A. Waqf Act, 1995 (43 of 1995), Section 3(i), 32(2)(g) -- Mutawalli – Rights to Mutawalliship and Sheikhship -- Jurisdiction of Waqf Board/ Tribunal -- Waqf Board exercised the jurisdiction in exercise of power conferred u/s 32(2)(g) read with the definition under Section 3(i) which defines a ‘Mutawalli’ – It is the Waqf Board which has got the jurisdiction and not the Waqf Tribunal – Waqf Tribunal is only an adjudicating authority over a dispute while the Waqf Board is expected to deal with any issue pertaining to administration.

(Para 2-11)

B. Waqf Act, 1995 (43 of 1995), Section 83(5)(7) – Power of Waqf Tribunal -- Waqf Tribunal is deemed to be a civil court having the same powers that can be exercised by the civil court under the Code of Civil Procedure, 1908 -- A dispute can be tried like a suit by the Waqf Tribunal -- Under Section 83(7) of the Waqf Act, the decision of the Tribunal shall be final and binding upon the parties and it shall have force of a decree made by a civil court.

(Para 9)

Indian Stamp Act, 1899 (2 of 1899), Section 47A – Deficient stamp duty – Limitation -- Sale deed was registered and the reference was made by the Sub-Registrar to the Collector pertaining to alleged deficiency in stamp duty after a period of 9 years – Writ petition allowed and impugned orders quashed.

(Para 1-6)