Punjab Land Revenue Act, 1887, Section 112, 117 -- Partition - Share in more valuable and less valuable land - Higher value of land attributable to Government or community intervention, such as construction of road or an irrigation channel - Land to be partitioned equally among all shareholders...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118 -- Mode of Partition - Determination of - AC II Grade to inspect the land - Form his own judgment on the value of different pieces of land - Determine value additions, attributable to shareholder or community - Decide mode of partition with clear statement on considerations of value of land,..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Property in exclusive name of respondent - Appellant failed to adduce evidence to confirm that joint family property nucleus had sufficient funds to acquire suit property and therefore it was joint property - Respondent led sufficient evidence that he purchased family land from his father and brother and..........
Agreement to sell -- Co-owners - One of the co-owners agreed to sell land - No law prohibits a co-sharer from alienating his share in the joint property - Any alienation so made by a co-sharer is always subject to the partition and rights of other co-sharers - The vendees simply step into the shoes of the vendor-co-sharers and will acquire status of a co-sharer and all..........
Punjab Land Revenue Act, 1887, Section 111, 112 -- Partition - Gair Mumkin land - Jurisdiction of Revenue Courts - Gair Mumkin land cannot be partitioned by Revenue Courts...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Plaintiff concealed factum of family partition between co-sharers - Has not approached the Court with clean hands - Not entitled to equitable relief of injunction...........
Hindu Law -- Oral partition - Suit for partition - Plea of previous partition - Court is to see the conduct of parties to find out as to whether there was a partition or not - Fact that members are holding properties in equal shares, separate entries in land revenue records, members selling properties held by them, living separately, are indicative of oral partition -..........
Punjab Land Revenue Act, 1887, Section 116 -- Mode of Partition -Old possession of co-sharers to be kept intact - Some of co-sharers allowed digging of mine pit abutting the land in their possession - Naksha bay proposing division of said land among all the co-sharers - Objections by other co-sharers - Partition to be made strictly as per sanctioned mode of partition -..........
Punjab Land Revenue Act, 1887, Section 20 -- Notice of partition - Report of process server that respondent refused to accept service - Proceeded exparte - Application for setting aside exparte proceedings - Summons issued on the same date on which partition application filed - Report of refusal submitted on next date - Refusal not shown at permanent address or village,..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 126 -- Gift Deed - In partition appellant was deprived of the entire land, leaving no share with him - Such an arrangement can never be termed as partition - This arrangement more appropriately could take the shape of gift - Gift of immovable property is compulsory registerable - Not a valid..........
