Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree in suit for permanent injunction - Nature of - Suit for injunction - Settlement arrived at by & between parties - Reduced in writing - Decree passed on the basis of terms of settlement - Consent decree for all intent & purpose, a preliminary decree passed in a suit for partition - Fresh proceedings/suit cannot..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Civil Procedure Code, 1908, Section 54, Punjab Land Revenue Act, 1887, Section 4, 48, 48A, 54, 111, 112(2) -- Partition of joint land assessed to land revenue - Constructed portion - Maintainability before Revenue Authorities - Objection to partition of joint land on the ground that land is non agricultural-petrol pump and workshop constructed on land - Use of land whether..........
Punjab Land Revenue Act, 1887, Section 111, Punjab Tenancy Act, 1887, Section 4(1) -- Partition - Distinction as to land used for agricultural/subservient purposes vis a vis land assessed to land revenue - Sec. 4(1) of Tenancy Act deals with agricultural tenancies - Subject matter of partition under section 111 of Land Revenue Act are land or tenancy - Partition of tenancy..........
Punjab Land Revenue Act, 1887, Section 48A, 54, 111 -- Partition of land - Land assessed to land revenue - Effect of suspension/exemption of levy or recovery - Character of land not changed due to suspension/exemption of levy or recovery - Non revision of assessment of land revenue also of no consequences...........
Punjab Land Revenue Act, 1887, Section 4, 111 -- Partition of land - Non agricultural use of land - Effect of maintainability of partition petition - Relying on 2002(2) PLJ 249, contention raised that construction on land, non agricultural in nature, hence partition petition not maintainable - Term `agricultural use of land' used by Court in the order is to distinguish..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition of land assessable to land revenue - Once a preliminary decree for partition is passed and a precept is sent to Collector and Collector takes an action then all proceedings would lie before the Collector - If any person is aggrieved he has to take recourse to the remedies as available under the Land..........
Hindu Succession Act, 1956, Section 6 -Explanation 1 (As it stood prior, Amendment Act of 2005) - Devolution of interest in co-parcenary property - Ancestral property - Father and son constituted a Mitakshara co-parcenary - Death of father - Suit by two daughters for partition of properties claiming 2/3 share - Devolution of undevided share of deceased father by assuming..........
Hindu Succession Act, 1956, Section 6 -Explanation 1 (As it stood prior, Amendment Act of 2005 - Determination of undivided share of co-parcener - Hindu Mitakhsra co-parcenary property - Death of co-parcenar - Undivided share of deceased co-parcener has to be ascertained assuming notional partition before his death - Same shall devolve upon his heirs by succession..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction after partition of land among co-sharers - Land finally partitioned by AC Ist - Suit for permanent injunction restraining from raising construction over partitioned land - After partition of land by a valid order, land not joint - No injunction can be granted restraining construction over land...........
