Punjab Land Revenue Act, 1887, Section 123 -- Private Partition, attestation of - Not necessary for the parties to get family / private partition attested by Assistant Collector u/s 123 - Family partition proved should be made basis of mode of partition so that its terms are honoured at the time of adjudication of partition applications...........
Punjab Land Revenue Act, 1887, Section 123 -- Comprehensive family partition fully covering partition of joint holding amongst co-shares with provision of Khal, Pahi etc. - Partition should be ordered accordingly...........
Punjab Land Revenue Act, 1887, Section 123 -- Private partition does not require registration - Cannot be rejected straightway on the ground that it was not reflected/incorporated in revenue records...........
Punjab Land Revenue Act, 1887, Section 116, 117 -- Partition - Question of Title - Death of one of the co-sharer in joint Khewat - Dispute between LR's of the deceased co-sharer - No question of title involved between the co-sharers inter-se - Partition proceedings not to be affected due to pendency of civil suit between LR's of one of the co-sharer...........
Punjab Land Revenue Act, 1887, Section 111 -- Partition of land - Dohlidar - Right to get land partitioned - Dohlidars fall in the category of tenants - Can seek the partition of their dahlia land...........
Punjab Land Revenue Act, 1887, Section 123 -- Partition of joint land - Plea of family partition - Stress that main frame of partition should be as per family partition/private partition/separate possession of co-sharers - Mode of partition should be in adherence with private partition - Adjudication, if any, to be confined to marginal or left out areas not spelt out in..........
Punjab Land Revenue Act, 1887, Section 123 -- Partition of joint land - Objected on plea of private partition - Plea rejected by AC 1 on the ground of non implementation/incorporation in revenue records - Family partition effected through written agreement - Proved by signatories - Incorported in nehri girdawari - Honouring existing position is important mode of partition..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Principle of honouring existing possession - Followed as co-shares often make internal adjustment for enjoyment/cultivations of land through an informal arrangement even though such divisions of possession are in formal or adhoc, but when same continues for long &..........
Constitution of India, 1950, Article 226 -- Punjab Land Revenue Act, 1887 - Writ jurisdiction - Partition proceedings - Punjab Land Revenue Act does not provide a remedy against the final order of partition, which is concluded by the drawing up of the "Sanand Takseem" - While examining the order passed in partition proceedings, writ court does not appraise the correctness..........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition proceedings whether can continue during pendency of civil suit - Neither any reference to nature of civil suit nor any specific order of Civil Court staying proceedings of partition - Failure to establish that question of title involved and yet to be decided - No need to stay partition proceedings - Partition..........
