Punjab Security of Land Tenures Act, 1953, Section 18, 10A, 6, 16 -- Purchase application in 1968 by tenant of land which was jointly owned - Family partition in 1964 - Being a disposition liable to be ignored in view of Sections 6, 10-A and 16 - Death of one of the joint landowners in 1966 (before filing of purchase application in 1968) and tenancy land inherited by one..........
Himachal Pradesh Land Revenue Act, 1954, Section 128, Punjab Land Revenue Act, 1887, Section 116 -- Question of title - Whether involved or not - Revenue Officer to determine after preliminary enquiry - Mere raising of plea or insistence of a party that such a question exists - Does not make it incumbent upon Revenue Officer to accept it as such - Stay of partition..........
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...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 30 -- Fixes a deadline - Rights of all landowners or occupancy tenants - To be found out as existing on the date of publication of notification for consolidation u/S.14 - All transactions regarding land covered by notification made during operation of consolidation - To be ignored by..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 30 -- Transfer made after sanction of Consolidation Officer - To be recognized - Rights of transferee to be decided on the basis of Scheme - Transferee entitled to land in re-partition in his own right in accordance with Scheme of Consolidation...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 -- Applicability of - Order of re-partition finalized u/S.21(2) - Covered by "order" within meaning of Rule 18 - Neither appeal filed u/S.21(3) nor further appeal u/S.21(4) - Petition directly filed u/S.42 - Limitation - 6 months from date of order passed u/S.21(2) - Petition filed..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Even if assumed that Rule 18 would not bar a petition u/S.42 beyond 6 months - Re-partition to be re-opened or changed after 7 years - Not competent - Petition u/S.42 filed beyond 6 months of order passed u/S.21 - No power with State Government to exercise jurisdiction u/S.42..........
Co-sharer -- Rights and liabilities of co-sharers inter se are : (1) A co-owner has interest in the whole property and also in every parcel of it. (2) Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but one are actually out of possession. (3) A mere occupation of a larger portion or even of entire joint property does not..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 -- Partition - During pendency of proceedings Notification issued u/S.14(1) Consolidation Act for starting consolidation proceedings in the village - Mere issuance of Notification without any further step having been taken (like appointment of Consolidation..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 -- Partition proceedings commenced before issue of Notification u/S.14 Consolidation Act - Partition proceedings only suspended - Cannot be deemed that partition application finally rejected - East Punjab Holdings (Consolidation and Prevention of..........
