Amendment status not verified — confirm the current text below against the official source.
Certain mortgages and charges not enforceable against land held by occupancy tenants.— Notwithstanding anything contained in any contract or in any law for the time being in force, no claim or liability,, whether under and decree or order of a civil court or otherWise-enforceable against a landlord for any money which is charged an or is secured by a mort gagee of, any land held under him by an occupancy tenant, shall be en:- forceable against the land, and every such claim or liability shall be deemed to be a charge on the compensation payable to the landlord respect of such land. - 88 THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 Sections:- 9 - 10 [9. Act not to a I to evacuee ro art (1) Nothing in this Act shall apply to evacuee property as defined in the Administration of Evacuee Property Act, (1950 XXI of 1950).] [Substituted by Punjab Act No. 31 of 1958] (2) Notwithstanding anything contained in sub-sedtion (1) the apply pro- visions to- of this Act shall subject to the prOvisions of sub-section (3) --(a)-a-pers on WHO-, after the the comMencement of this Act, olotains_a - . • right of occupanc-y-from-the-Carrar-GOVdrnment under the Dis- placed Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954); and (b) an;occupancy tenant or'a landlord who is an evacuee as de- , fined in clause (d) of section 2 of the Administration of Evacuee Property Act, 1950 (XXI of 1950). (3) For the purposes of section 3 and sub-section (1) of section 4, the appointed date in relation to a person referred to in sub-section (2), shall notwithstanding anything to the contrary, contained in this Act or in any Judgment, decree or order of any court, be,- (a) in the case of a person who obtains a .right of occupancy from the Central Government after the commencement of the Punjab Occupancy Tenants (Vesting of Proprietary Rights) (Amendment) Ordinance, 1958, the date on which such right is obtained; and (ii) in any other case, the date of commencement of Punjab Occu- pancy Tenants (Vesting of Proprietary Rights) (Amendment) Ordi- nance, 1958] 10, Bar of Jurisdiction.-- Save as, otherwise expreSsly provided in this Act, ;7317;777rCler made ‘by the :Collector; Commissioner or Financial Commissioner shall be final, and no proceeding or order taken or officer or authority made under this Act, shall be called in question by any court or before any Case Law Siction 10—Sikh GurdwaraAct, 1925—Secions 10(3) and 78- Transfer oiProperty , Act, 1882-Section 4l-Appellants, subsequent purchasers of land from respondents 23- Suit was filed for declarations of title-Property in dispute originally belonged to J., and occupancy tenant-Rights then devolved on respondents 2 and 3 through B who was father of respondent 2 and husband of respondent 3-8y virtue of Occupancy Tenants Act; they becarneabsoluteowners and hence the suit for title-There are documents to show that suit property was included in the list of properties.in the THE PUNJAB OCCUPANCY TENANTS (VESTING OF PROPERIETARY RIGHTS) ACT, 1952 89 Sections:- 11 - 12 notification dated 19.2.1932— Property had vested in the Gurdwara as per Section 10(3) of the Gurdwara Act under which notification was issued—Since property vested in Gurdwara and Respondnets 2 and 3 were in cultivating possession, no title could be conferred by them on the appellants in respects of suit properties— Appeal without merit is liable to be dismissed.; Dalip Singh and Ors. v. Sikh Gurdwara Prabhandhak Committee and Ors.: 2004(1) ALL 'INDIA LAND LAWS REPORTER (Supreme. Court) 331 Section10—Occupancylenants--With the enforcement of 1953 Act, plaintiffs, occupancy tenantsi-claim ownership rights as per provisions of S.3 of the jurisdiction to try the suit—Plaintiffs prayer is based on the nature of tenancy—Whether plaintiffs were occupancy tenants on the relevant date is the question—Which could be decided only under the Punjab Tenancy Act, 1887—S. 77(3) (d)—Such a decision, if in the affirmative would entitle the plaintiffs to enlargement of their occupancy tenants rights into proprietary rights---And it is the revenue Court alone which can go into the question—Civil not has not jurisdiction—Trial Court directed to return the plaint to plaintiffs for presentation to the Revenue Court Punjab Tenancy Act, 1887 S. 77(3) (d); Ornkar Singh v,. Nirmal : 2001(1) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.)208 Section 10—Occupancy tenant or tenant—Nature of tenancy is to confer the right of ownership over the land in Oultivating possession—And nature of tenancy is to be decided by the Revenue Authorities or Revenue Court—Jurisdiction of the Civil Court is barred in unambiguous terms—VVhen lawconfers jurisdiction on a Tribunal and attaches finality to its orders/findings, no other forum will have jurisdiction even for appeals; Jiwan v. Ram Sarup (Died) through his LRs. : 1999(4) ALL INDIA LAND LAWS REPORTER (Pb. & Hry.) 537 Section 10—Typographical mistake cannot adversely affect the rights of the appellant—Remedy is to approach the same.Court which' passed the said order for rectification of the mistake—Only that Court can rectify it, such is the provision in S. 152 of C.P.C.—Accidental slip, clerical or typographical mistake can be corrected in that manner alone—Civil Procedure Code 1908—S. 152 ; Jiwan v. Ram Sarup (Died) through his LRs. : 1999(4) 'ALL INDIA LAND LAWS REPORTER (P.b. & Hry.) 537 •