Punjab Land Revenue Act, 1887, Section 116, 117, 123 -- Private partition, to be recognised - Proceedings should have been taken under Section 123 - Private partition not incorporated in revenue records - Mere fact that possession of some land given up by one of the co-sharers - Does not lead to the conclusion that a private partition was effected - No question of title..........
Punjab Land Revenue Act, 1887, Section 116 -- Application for partition - Revenue Officer only to see whether a prima facie case regarding question of title - Suit by co-sharer in Civil Court claiming ownership in common purposes land due to adverse possession - No prima facie case regarding question of title - No question of holding up partition proceedings...........
Punjab Land Revenue Act, 1887, Section 45, 44 -- Suit by co-sharer for declaration of ownership to the extent of his share and entitlement to seek partition from Revenue Court - Jamabandi entries : (i) in column No. 4 of ownership, plaintiff recorded as owner of 1/4th share and N recorded as owner of 1/4th share ; (ii) in column No. 5 of person in occupation, entire land..........
Punjab Land Revenue Act, 1887, Section 122, Himachal Pradesh Land Revenue Act, 1954, Section 134, Punjab Land Revenue Rules, 1908, Rule 43 -- Application for getting possession in execution of order of partition - Provisions of Civil Procedure Code in respect of execution of decree and delivery of possession - Applicable...........
Punjab Land Revenue Act, 1887, Section 122, Himachal Pradesh Land Revenue Act, 1954, Section 134, Civil Procedure Code, 1908, Order 21, Rule 22 -- Possession of land in execution of order of partition as spelt out in instrument of partition - Application made within two years - Notice to opposite party - Not necessary - Notice against execution under Order 21 Rule 22 Civil..........
Himachal Pradesh Land Revenue Act, 1954, Section 133, 134, Punjab Land Revenue Act, 1887, Section 121, 122 -- Partition, when legally effective - Instrument of Partition, preparation of- - Not a mere formality - Necessary document to make a partition legally effective - Date from which partition to take effect has to be indicated in instrument of partition - Possession..........
Punjab Tenancy Act, 1887, Section 77(3)(d), 5 -- Tenant in possession of land since before 14th August, 1947, under Muslim owners who left for Pakistan on partition - Effect of Section 12 Administration of Evacuee Property Act, 1950, that occupancy tenancy cannot be terminated by Custodian notwithstanding provisions of Section 9 East Punjab Displaced Persons (Land..........
Punjab Land Revenue Act, 1887, Section 15, 16 -- Sanction for review - Revision against - Superior Officer of view that as partition affected, possession changed and even construction having taken place, it would be futile to re-open case through a review and parties better advised to approach Civil Court - Interference in revision not justified to stop review...........
Punjab Land Revenue Act, 1887, Section 122 -- Delivery of possession of property allotted on partition - Person in actual physical possession whether as tenant or in adverse possession - Must be dispossessed under due process of law - Rights of tenant not affected by partition proceedings - Eviction of tenant on the basis of partition without a decree of ejectment from..........
Punjab Land Revenue Act, 1887, Section 115, 123 -- Private partition - Must be embodied in record of rights - Private partition if not so recorded - Should be acceptable to parties - Parties in possession of respective shares of land separately since time of consolidation operations - Does not amount to private partition when arrangement not embodied in later Jamabandi and..........
