Punjab Land Revenue Act, 1887, Section 158(2)(xvii), 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 -- Suit in Civil Court for possession by partition of Ghair Mumkin Bara and Ghair Mumkin Ghaeir-Besides Bara and Ghaeir, agricultural land also joint of parties - Agricultural land in view of Section 158(2)(xvii) cannot be included in..........
Punjab Tenancy Act, 1887, Section 77(3), Transfer of Property Act, 1882, Section 111(g), 117 -- Denial of relationship of landlord and tenant in written statement and also claim of ownership on the basis of adverse possession - Results in forfeiture of tenancy - Division Bench judgment in Sada Ram's case 1970 P. L. j. 89 holds the field irrespective of the property i. e...........
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 Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 4, 158(2), Civil Procedure Code, 1908, Section 9 -- Partition - Agricultural land converted into residential plots and houses constructed thereon and proved to be Abadi - Does not fall within definition of land - No jurisdiction with Revenue Officer to partition such land as it ceased to be..........
Punjab Land Revenue Act, 1887, Section 111, 117 -- Partition of land - Plea by transferees of bona fide purchasers without notice - Whether involves a question of title - Transfer which is hit by doctrine of lis pendens under Section 52 Transfer of Property Act - Question of good faith totally irrelevant - Transferees having purchased property during pendency of civil..........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Private partition not reflected in revenue record - Partition deed between co-sharers, recital in sale-deed of partition agreement and oral evidence that possession assumed in accordance with agreement of partition - Question of title prima facie arises - Should be decided in accordance with provisions of Section 117...........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition, whether question of title involved - Mutation sanctioned on the basis of Civil Court decree - Appeal pending in High Court - Question of title involved - Judgment of Civil Court not final as appeal pending in High Court - No order of High Court staying partition proceedings - Does not mean no question of title..........
Punjab Land Revenue Act, 1887, Section 117(1)(, 129(1) - - Dismissal of partition application by Assistant Collector 1st Grade as question of title involved and applicant not in possession of land - Appeal against it dismissed - Order became final as no further appeal/revision filed against it - Partition of land cannot be allowed till question of title determined by Court..........
Punjab Land Revenue Act, 1887, Section 111, 115, 117(=S, 123, 127, 129 - - Partial partition i. e Partition of a portion of joint property - Cannot be allowed without consent of parties - Application by co-owner for partition of some fields included in joint holding without including other fields (partition of one khata out of three khatas) - Cannot be allowed unless other..........
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..........
