Hindu Law -- Partition suit by son - Coparcenary property - Alienation by father - Alienation for payment of antecedent debt not incurred for immoral or illegal purpose but incurred for family necessity - Suit filed maintainable without a prayer for cancellation of sale deed - Son entitled to question the validity and binding nature of sale deed without such a prayer -..........
Partition Act, 1893, Section 4 -- Partition - Joint Family Property - No finding regarding previous partition by metes and bounds between co-sharers - Suit for partition by one co-sharer - Dismissal on ground of prescription of title by adverse possession by other co-sharer - Illegal...........
Hindu Law -- Pre-partition debts - Sons are liable to pay the pre-partiton debts of the father even after partition under the theory of pious obligation if they are not immoral or illegal and for payment of which no arrangement was made at the partition...........
Punjab Land Revenue Act, Section 16,111,112,113,114,115,116,117,118,119,120,121 -- Revision in partition case - Objection of locus standi of revision-petitioner - At the time of filing revision petition dispute about ownership of property going on between petitioner and his brother and property stood in joint names in revenue record - Revision-petitioner seeks to safeguard..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Partition and re-distribution of land of joint Khata amongst proprietors of the village - Land recorded as Shamlat Deh Hasab Rasad Raqba Khewat in column of ownership and shown as Maqbooja Malkan in column of possession - Provision in Consolidation Scheme that joint Khatas will be..........
Punjab Land Revenue Act, Section 111, 113 -- Partition proceedings instituted against some of the dead persons i.e. application for partition mentioned names of dead co-sharers because their names still existed in record-of-rights as co-sharers-Not illegal-No justification for absolute disallowance of partition application-Proper course-To allow L. R.s of deceased..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application filed after 7 years - Suit for partition - Proposed amendment to change the nature of suit to a suit for declaration of title as also a further declaration that the sale deed in favour of defendant is void and illegal - Both the parties are purchasers from the co-sharers of the same family -..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32FF - - Partition of joint Hindu family property in September, 1956 between father - M and sons - D, J and K, partitio, deed registered in January 1958 and in Jamabandi 1958 - 59 sons recorded as owners of land- Agrarian Authorities did not accept partition and order declaring surplus area in the hands of father - M..........
Punjab Land Revenue Act, 1887, Section 118, 116, Himachal Pradesh Land Revenue Act, 1954, Section 130, 128 -- Partition not according to mode of partition - Illegal - Settled rule that Revenue Officer while dealing with partition case should not make any departure from sanctioned mode of partition...........
Punjab Security of Land Tenures Rules,1956 -- Rule 6(3) - Notice to interested persons Mandatory - Sons of landowner obtained a Civil Court decree for partition of land with their father - Collector apprised of this fact by landowner in surplus area proceedings - Order declaring surplus area passed without notice to decree-holders (sons of landowner) - Illegal being..........