Law:

Section:

(a) Punjab Land Revenue Act (XVII of 1887)­---- S.71 --- Record showed that transferee had acquired the possession of the land by virtue of mutation "Basiga Malguzari" envisaged by S.71 --- Even if such transferee was already in possession under a different character, upon his induction into the land "Basiga Malguzari" his possession became relatable to, subsistence of a lawful title in the owner. (b) Punjab Land Revenue Act (XVII of 1887) ---- S.71 (2) --- Provision of S. 71 (22) specified the period of transfer, which could be till the end of the agricultural year in which the defaulter-landlord pays the amount of arrears to the transferee and if it was not so, the transfer could last for, a maximum of 15 years. (c) Punjab Land Revenue Act (XVII of 1887)-­ --S.71 (6) --- Provisions of S. 71, are confiscatory in character and in derogation of right to possess and enjoy one"s property--- Collector under S. 71 (6) was bound to take back the possession from the transferee after the expiry of the term, and restore same to the land owner --- Where anomalously, the period of transfer was not specified in the mutations, that being an omission on the part of the Collector, land-owners could not be blamed for the failure of the Collector nor would that immune him to carry into effect the provisions as to the restoration of possession --- Transfer, at the most, would be deemed to have enured for the maximum period of t5 years and thereafter in no case the Collector could disregard his statutory obligation, resulting in deprivation of land-owners of the possession --- True owners who had no control over the exercise of powers by the Collector, could not be made to suffer an injury for his neglect --- Generation of mischievous consequences from the Collector's inaction, resulting in destruction of the rights of a true owner in his property by setting up a title in the transferee through adverse possession could not be permitted.--[Adverse possession]. (d) Punjab Land Revenue Act (XVII of 1887)-­ ---- S.71 --- Adverse possession --- Possession was taken over by the Collector and passed on by him to the transferee who bad to clear the arrears of land revenue--Collector,…

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