Punjab Land Revenue Act, 1887, Section 111, 113 -- Partition of joint land - Notice for effecting service - Notice to be served were the respondent is residing - Respondent resident of Rajasthan - Mandatory to serve respondent at his address in Rajasthan...........
Punjab Land Revenue Act, 1887, Section 110 -- Partition proceedings - Stayed by Commissioner on 25.4.2005, further extended on 10.1.2006 - Revenue Officer on 10.1.2006 made entry in rapat roznamcha - Report in roznamcha made in great haste illegally - Revenue Officer cannot pre-empt & defeat adjudicatory process at Appellate/Revisional level by showing unwarranted haste..........
Punjab Land Revenue Act, 1887, Section 111, 116, 117, 118, 119, 120, 121, Specific Relief Act, 1963, Section 37 -- Mode of partition - Ex-parte proceedings - Civil suit for injunction by the respondent, proceeded ex-parte - Injunction refused. Held - Civil Suit for injunction is different from partition proceedings. Injunction normally refused qua another co-sharer of a..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116 -- Partition - Violation of mode of partition - Naksha `B' drawn up - Objections called - Petitioner proceeded exparte - Partition finalized - Appeal and Revision dismissed by Collector & Commissioner, respectively, holding that there is no violation of mode of partition & proceedings atained finality with..........
Haryana Canal and Drainage Act, 1974, Section 55 -- Change of warabandi - Claim of residue water (Jhara) - Dispute as to entitlement of Jhara settled earlier by Superientending Canal Officer (SCO) - Subsequent application for shifting of turn of water on plea of partition of land as per mutation - Application allowed by SCO - Challenged in writ. Held - (i) Earlier order of..........
Punjab Land Revenue Act, 1887, Section 16, 121 -- Partition of land - Appeal after preparation of Sanad Takseem - `Naksha Bay' not challenged - `Naksha Zeem' prepared - Sanad Taksim issued - Mutation sanctioned - Possession stands exchanged - Partition proceedings challanged after attaining finality - Appeal/Revision not maintainable once partition proceedings are..........
Punjab Land Revenue Act, 1887, Section 158 -- Exclusion of jurisdiction of Civil Courts - Question of title - Agricultural land - Civil suit for separate possession & partition - Question of title arose for determination between parties - Trial Court dismissed suit on the ground that only the reveue authories had exclusive jurisdiction to partition the suit land - Only..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 89, 90, 99 -- Suit for possession by way of partition - Preliminary decree for partition passed - Final decree applied for - Local Commissioner appointed to suggest mode of partition - Objections filed by one defendant - Dismissed - Son of said defendant filed objections contending that he being tenant in occupation of..........
Hindu Law -- Joint Family - In law there exists a presumption in regard to the continuance of a joint family - The party who raises a plea of partition is to prove the same - Even separate possession of portion of the property by the co-sharers itself would not lead to a presumption of partition...........
Adverse possession -- Co-owners - In a suit filed by defendants for partition in the year 1968 and a similar suit in the year 1978 plaintiff asserted hostile title claiming ownership in himself - Claim of hostile title by plaintiff was thus known to the defendants - Pendency of a suit does not stop running of limitation - Thus at least from 1968 onwards the plaintiff..........
