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KERALA HIGH COURT

Year of Decision : 2016

Details

Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Partition suit - Mistake as to survey number of suit property - Parties do not dispute the fact that particulars sought to be corrected is a mistake - Even there is no dispute between parties regarding identity of property sought to be partitioned - Respondents have no..........

PUNJAB AND HARAYANA HIGH COURT

Year of Decision : 2013

Details

Civil Procedure Code, 1908, Section 47 -- Execution - Inexecutability - Judgment debtor purchased property from one of the decree holders - Judgment debtor is bound to surrender possession of property in respect of which decree has been passed and it would be left to him to work out his remedy for partition - Judgment debtor cannot compel..........

PUNJAB AND HARYANA HIGH COURT

Year of Decision : 2009

Details

Punjab Security of Land Tenures Act, 1953, Section 9, Punjab Land Revenue Act, 1887, Section 111, 123 -- Order of partition - Competent Court had ordered partition of the land - Issuance of Sanad Takseem - Tenants objected that land was not separated by metes and bounds and eviction petition not maintainable - Objection filed by tenant not acceptable - Tenant prolong their possession for 37 years -..........

SUPREME COURT OF INDIA

Year of Decision : 2007

Details

Partition Act, 1893, Section 2, 3, 4, Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Not convenient to partition the property by metes and bounds - Value of property made and sale made in favour of one of co-sharers who made higher offer - None of the co-sharers raised any objection - Sale confirmed - Sale cannot be set aside on a higher offer by a co-sharer..........

PUNJAB AND HARYANA HIGH COURT

Year of Decision : 2006

Details

Partition -- Protection of possession of tenant - Suit for partition of joint house - One portion in possession of tenant - Preliminary decree passed - DH filed application for execution - Objection by tenant - Dismissed by one of the co-sharer that he cannot be evicted in execution of decree - Held - Tenant..........

FINANCIAL COMMISSIONER, PUNJAB

Year of Decision : 2006

Details

Civil Procedure Code, 1908, Section 54, Punjab Land Revenue Act, 1887, Section 4, 48, 48A, 54, 111, 112(2) -- Partition of joint land assessed to land revenue - Constructed portion - Maintainability before Revenue Authorities - Objection to partition of joint land on the ground that land is non agricultural-petrol pump and workshop constructed on land - Use of land whether for agricultural or non..........

FINANCIAL COMMISSIONER PUNJAB

Year of Decision : 2006

Details

Punjab Land Revenue Act, 1887, Section 111, 116 -- Partition - Objection that the suit regarding ownership of land pending in the Civil Court - Question of title determind and decided by the Civil Courts, attained finality - Partition proceedings to contiune...........

FINANCIAL COMMISSIONER, PUNJAB

Year of Decision : 2006

Details

Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Application for partition - Objections to the partition raised on the ground of family settlement and maintainability of partition qua Ruri & Abadi land - Dismissed by AC Ist - Order not challenged - No objection raised on `Naksha Alaf' - `Naksha Alaf' approved - Mode of partition..........

PUNJAB AND HARYANA HIGH COURT

Year of Decision : 2005

Details

Specific Relief Act, 1963, Section 37, 38 -- Co-owner - Injunction - Co-owner in long possession - Remedy is not injunction but partition - Long possession may not be enough for ouster or adverse possession but can be taken into account to decide objection of a joint owner in established possession, in a suit seeking injunction against such..........

FINANCIAL COMMISSIONER PUNJAB

Year of Decision : 2003

Details

Punjab Land Revenue Act, 1887, Section 16, 116, 117, 118, 119, 120, 121 -- Revision in partition case - Challenge to final partition on the ground that same not made in accordance with Mode of Partition - Objection that partition cannot be interfered with as same has become final and Sanad Takseem (Instrument of Partition) issued - Not tenable when final partition not..........
 
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  Showing : 1-10 of 31 Results