Punjab Pre-emption Act, 1913, Section 4, 15 -- Loss of superior right of pre-emption during pendency of second appeal in High Court - Of no effect - Pre - emptor must retain right of pre-emption till date of decree of trial Court and not beyond that - Right of pre-emption as a co-sharer lost because of partition of joint land during pendency of appeal - Of no consequence -..........
Punjab Pre-emption Act, 1913, Section 21A -- Pre-emption suit as a co-sharer - Partition of joint land during pendency of suit - Pre emptor loses his right of pre-emption because of loss of his status as a co-sharer - Not a case of improvement of status of vendee as contemplated by Section 21A...........
Punjab Pre-emption Act, 1913, Section 15, 4, Specific Relief Act, 1963, Section 41(b), Civil Procedure Code, 1908, Section 151 -- Pre-emption suit on ground of co-sharer- Vendee filed application before Assistant Collector for partition of Khewat and separation of share of land purchased - Ad interim injunction restraining vendee from pursuing partition proceedings -..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition - Shamilat land belonging to proprietary body Two well-recognised modes of partition : (1) on the basis of land revenue payable by each owner called 'Hasab Zar Khewat'; and (2) on the basis of land owned by each proprietor called 'Fasab Rasad Khewat'- Any co-sharer or proprietor in joint..........
Punjab Pre-emption Act, 1913, Section 4, 15 -- Pre-emption on ground of co-sharer in joint Khata - Partition of joint Khata during pendency of appeal - What is the effect on rights of plaintiff-pre-emptor who was no more a co-sharer in joint Khata at appellate stage and whether his suit for pre-emption liable to be dismissed though decreed by Courts below being a co-sharer..........
Co-sharer -- A co-sharer represents entire body of co-sharers - Can ask for partition (subject to dispute of any title being not there) on their behalf, among other subjects - A co-sharer has the right to concede partition being effected not only by himself but on behalf of other co-sharers also - Partition...........
Co-sharer -- Suit for possession by co-sharer - Only entitled to decree for declaration - Decree for joint possession cannot be granted - Vendee from co-sharer in possession of joint land acquires a valid title to land subject to rights of other co-sharers at the time of partition...........
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...........
Co-sharer -- Rights of a vendee who purchases land from a co-sharer out of joint Khata - Not necessary to find out if at the time sale effected vendor had been left with any saleable interest in joint Khata or not - Vendee entitled to retain possession of land purchased till partition - No right of vendee to insist that land purchased should not be allotted to other..........
Co-sharer -- Suit for joint possession - Competent - Arjan Singh's case 1983 P. L. J. 56 does not lay down correct law and Over-Ruled - Remedy of a co-owner not in possession or not in possession of a share of joint property - By way of a suit for partition or for actual joint possession but not for ejectment...........
