Section 45 of The Punjab Land-Revenue Act, 1887 — Suit for declaratory decree by person aggrieved by an entry in a record

Bare section text

Official Legislative Text

If any person considers himself aggrieved as to any right of which he is in the possession by an entry in a record-of-rights or in an annual record, he may institute a suit for a declaration of his right under Chapter VI of the Specific Relief Act, 1877 (I of 1877)

Educational Study Layer

Summary

Section 45 provides a way for citizens to challenge mistakes in official land documents.
A person who feels wronged by an entry in a record-of-rights or an annual record can take legal action.
The person must actually be in possession of the right they are defending.
The correct legal action is to file a suit for a declaratory decree under the Specific Relief Act, 1877.

Practical examples

1A woman who lives on and farms her land discovers the annual record lists her cousin as the owner, so she files a suit to legally declare her own title.

2An orchard owner finds the village map cuts off a corner of his property, prompting him to seek a declaratory decree to fix the official boundary.

FAQ

1. Who is allowed to file a lawsuit under Section 45 of The Punjab Land-Revenue Act, 1887?

Under Section 45 of the 1887 Act, any person who considers himself aggrieved by an entry regarding a right of which he is in possession may file a suit.

2. What type of lawsuit does Section 45 of the Punjab land law allow?

Section 45 of the Punjab land law allows an aggrieved person to institute a suit for a declaratory decree.

3. Which other law governs the lawsuit filed under Section 45 of the land revenue rules?

Under Section 45 of the land revenue rules, the suit for a declaration is filed under Chapter VI of the Specific Relief Act, 1877.

Practice Quiz

Q1.What requirement must a person meet regarding the disputed right to use Section 45 of The Punjab Land-Revenue Act, 1887?

Q2.If an entry is presumed true under Section 44, how does Section 45 of the 1887 land law allow a citizen to formally correct it?

Q3.Which Act is referenced in Section 45 of the Punjab land rules for filing the lawsuit?

Q4.What document's entries can be challenged under Section 45 of The Punjab Land-Revenue Act, 1887?

44PreviousSection 44 Presumption in favour of entries in records-of-rights and annual records.46NextSection 46 Power to make rules respecting records and other matters connected therewith.

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