Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partition suit - Agricultural properties which are likely to fetch profits - Some of the parties in sole possession to exclusion of others - Apprehension of trees being cut and removed - Court can appoint Receiver - To appoint a Receiver is discretionary power of Court and exercise of discretionary power must be..........
Punjab Land Revenue Act, Section 116 -- Partition-Purchaser entitled to seek partition - Pre-emption proceedings between the parties-Does not raise a question of title-Partition proceedings should not be deferred on that account...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Suit for partition and separate possession based on Will - Service of interrogatories to find out truth of a registered Will alleged to have been executed subsequently - Permissible...........
Partition Act, 1893, Section 4 -- Suit for partition - Title of appellant as co-sharer denied by other shareholders - Appellant claiming purchase of share in said property as successor-in-interest of `A' who had purchased same in Court-sale - Sale certificate issued by Court and entry in register of Court proving title of `A' - Appellant thereby is co-owner with..........
Punjab Land Revenue Act, Section 13, 16, 116, 121 -- Against Naqsha Zeem - Appeal/revision maintainable-Instrument of partition (drawn up after partition has been completed)-Not subject to appeal/revision...........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition-Applicant shareholder in joint land-Does not claim any relief against other co-sharers-Only seeks a fair and just separation of his share...........
Punjab Land Revenue Act, Section 116, 118 -- Applicant who seeks partition of his share out of joint land if dissatisfied with original or appellate order regarding mode of partition-Can withdraw application for partition-Partition case stands closed unless other co-sharers in the land wish the partition to continue...........
Punjab Land Revenue Act, Section 116 -- Entire land recorded as `chahi' and as per record no classification of land on the basis of `good' or `poor' quality-No reason to provide two Kurrahs to each co-sharer-Mode of partition should be reviewed for ignoring possession of parties so that each co-sharer allotted land after partition in one block only - If due to certain..........
Hindu Law -- Joint Family Property - Suit for partition - Partition of joint family properties in earlier suit - Even after partition parties continuing to be members of joint family by their acts - However no proof of reunion of their respective shares in joint family property and treating it as joint family property - Held, subsequent suit for partition is not..........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 4, 158(2) -- Partition-Conversion of agricultural land into Abadi-Plea that partition cannot proceed as the area has been partly turned into Abadi area, later conversion of land into Abadi has to be taken into account and therefore only Civil Court has jurisdiction to order partition-Not tenable-A..........
