Partition Act, 1893, Section 2, 6, 7 -- Sale by way of auction in execution of a decree for partition - Violation of provisions of sec. 6 - Effect - Suit for partition - Preliminary decree passed - Local Commissioner submitted report that property not capable of partition by metes and bounds, requires auction - Property auctioned - Auction challenged - Sale conducted u/s 2..........
Punjab Land Revenue Act, 1887, Section 111, 116, 121 -- Family Partition - Mode of partition finalised - Partition proceedings on plea of family partition - Order vide which mode of partition finalised not challenged - No material on record to indicate that family partition was incorporated in revenue record - No judicial notice of plea of family partition can be taken in..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Suit for partition - Transferee pendente lite - In no case rights of plaintiff will be affected - Purchasers are necessary and proper party - Allowed to be impleaded as a defendant in the suit...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transferee pendentilite - Necessary & proper party - Suit for partition of joint land among co-sharers - Undivided share in the suit property sold by some co-sharers - Vendees entitled to come on record in order to work out equity in their favour in the final decree proceedings...........
Partition -- On the basis of adoption - If plaintiff is able to establish his adoption then he is entitled to seek relief of partition, even without seeking the relief of declaration relating to his status as adopted son...........
Punjab Land Revenue Act, 1887, Section 121 -- Partition - Sanad Taksim issued - Revenue Courts have no jurisdiction to interfere with partition proceedings at a later stage...........
Partition -- Co-owners - Improvements made by one co-sharer on common property without obtaining express consent of other sharers to make improvements - One co-sharer cannot build upon a common property in such a way as to defeat the legitimate rights of other co-sharers - Law does not recognise any such right in one co-sharer to make improvement in co-ownership property..........
Partition -- Co-owners - House - Improvements made in an existing building is not a ground for claiming reservation of the entire house - At best that co-owner can claim only an equitable consideration for the allotment...........
Mutation -- Application before consolidation authorities for distribution of `Jumla Malkan Rakba Hasab Rasad Khewat' land - Allowed - Mutation entered in favour of proprietors - Order set aside in writ petition - Matter remanded back for fresh decision - Additional Director Consolidation holding that consolidation authorities had no jurisdiction to order partition of such..........
Civil Procedure Code, 1908, Section 2(2), 54, Order 20, Rule 18, Civil Procedure Code, 1908, Section , Order 21, Civil Procedure Code, 1908, Section , Order 26, Rule 13, 14 -- Preliminary decree - Execution thereof - Non-intiation of final decree proceedings - Effect - Suit for partition - Preliminary decree passed - Final decree proceeding not initiated - Property put on..........
