Co-sharers -- Purchase of specified portion of land by referring to a particular khasra number in an un-partitioned land would result in purchase of a share in the undivided land and vendee becomes co-sharer in the entire joint khewat...........
Co-sharers -- Purchase of specified portion of land by referring to a particular khasra number in an un-partitioned land would result in purchase of a share in the undivided land and vendee becomes co-sharer in the entire joint khewat...........
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..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Application for partition can be filed in respect of more than one khewat and can be entertained by Assistant Collector, provided that co-sharers in different khewats are same - If co-sharers are different in different khewats, then separate applications have to be filed because khewats have to be separated of all..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Jumla Mushtarka Malkana Hasb Rasd Khewatwar - Land in dispute was recorded in revenue record as Jumla Mushtarka Malkan Hasab Rasad Arazi Khewat - Defendants-plaintiff being bonafide purchasers, became co-sharers in Jumla Mushtarka Malkan and were put in possession by their vendors - Appellants were..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Decree in favour of two co-sharers - One co-sharer causing hindrance to the other in raising construction - Police help to one co-sharer cannot be provided by Executing Court - The only remedy available to the co-sharers is to seek partition of the joint khewat, in accordance with law...........
Punjab Land Revenue Act, 1887, Section 111 -- Partition proceedings - Clubbing of partition applications - Land is situated in different revenue estates - Held, application for clubbing of partition application is not maintainable because there would not be any fragmentation of holding as separate khewat would be prepared in separate revenue estates...........
Civil Procedure Code, 1908, Order 9, Rule 7, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 - - Withdrawal of appeal - Restoration of - Panch appeared before appellate court and stated that no decree of recovery had been passed against Gram Panchayat and it having initiated proceedings u/s.7 of the Act of 1971 would take possession in due course of law -..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(2)(viii) -- Shamlat Deh Hasab Rasad Zar Khewat - Banjar Quadim - Perusal of jamabandis for the year 1938-39 and 1942-43 reveals that disputed land recorded as `Shamlat Deh Hasab Rasad Zar Khewat' - Petitioners' contention that land, in dispute, was in cultivating possession of their predecessors, is falsified by..........
