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Results of partition revenue

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Showing : 1-10 of 399 Results

RAJASTHAN HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Punjab Land Revenue Act, 1887, Section 121 -- Partition - Jurisdiction of Revenue Officer in cases of partition is concurrent with that of civil Court - Therefore, for purpose of interpreting S.121 of the Act, Court can safely draw an analogy from provisions of O.20.R.18 CPC which pertain to the procedure to be followed on the passing of decree for partition of property...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Punjab Land Revenue Act, 1887, Section 121, 118 -- Partition - Once decision on the property to be divided and on the mode of partition is taken by Revenue Officer u/s 118 of the Act, joint status of parties would stand severed on the date of such decision, subject to decision in appeal if any preferred by party - Merely because instrument of partition was not drawn, it..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Plaintiff claiming his superior right to pre-empt the sale on the ground of being co-sharer in joint khewat - However, pending the suits, defendant filed the suit for partition before Revenue Court and khewat in dispute remained no more joint - Trial Court and Appellant Court rightly held, that plaintiff did..........

MADRAS HIGH COURT

Year of decision: 2022
Details

Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Case of plaintiff that oral partition took place between brothers - Plaintiff permitted his sister, defendant to cultivate property - Case of defendant that property was gifted to her by way of "Stridhana" - There were four female descendants to father of defendant - In such case, oral gift to..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition of agricultural land - Parties jointly held 52 odd kanals of land - Stand of plaintiff is that plaint scheduled property consisting of 10 kanal and 14 marla is not agricultural land and therefore outside the scope of S.158(2)(xvii) of Punjab Land Revenue Act - Bar against civil Court to..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Partial partition -- Maintainability - If land in question is found to be property which can be dealt with by Revenue Court then, it would be bad for partial partition - However, if it is found that plaint scheduled property falls outside the scope of S.4 and S.158(2)(xvii) of Punjab Land Revenue Act then it is not open to urge plea of partial partition...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Partition -- Private partition - There is no bar for parties to divide agricultural property without any intervention of revenue authorities or Court...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Partition suit -- Settlement deed - Overwhelming evidence on record to prove settlement deed between parties - There is written document which was followed by a receipt - Revenue record proves that deed of settlement was given effect to as parties entered into their respective possession - Even plaintiff admits that parties are in exclusive possession of respective shares..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff averred her 1/7th undivided share in lands and that she was not impleaded as a party in suit for partition before Revenue Court - Assertion in application for rejection of plaint that once partition attained finality, the same may not be allowed to be reopened by way of present suit and that..........

Showing : 1-10 of 399 Results