Punjab Land Revenue Act, Section 116 -- Challenge to final partition on the ground that land situated on the Road and on Phirni of the village, more valuable land as compared to other land and all the parties should be given land according to their share and no co - sharer should suffer at the cost of other co - sharer - Mode of partition provided that while partitioning -..........
Punjab Land Revenue Act, 1887, Section 116 -- Mode of partition - Question of quality of land - Cannot be ignored although efforts should be made not to disturb possession - Land in possession of co-sharers not of same type - In interest of justice that no co-sharer should suffer...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction restraining co-sharer-defendants from raising construction on joint land not partitioned by metes and bounds - Plaintiffs sold their share in the property and even given a right to raise construction over the land in dispute to vendees - Cannot raise any objection against construction to be made by..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of sale by co-sharer - Right of co-sharer to alienate his share in joint holding cannot be disputed - Co-sharer has no authority to alienate specific Khasra numbers unless co-sharer in exclusive possession of the same or sale made with the consent of other share-holders - Vendee of such a property - Cannot..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale deed - Sale by co-sharer of specific Khasra numbers - Cultivation column of Jamabandi shows possession of all co-sharers - Co-sharer not in exclusive possession of land sold but same within share of co-sharer in the Khewat - Mutation should not be rejected outright - Patwari..........
Adverse possession -- Co-sharer - Plea of adverse possession by a co-sharer against another co-sharer cannot be accepted unless complete ouster for more than twelve years is proved or disclaimed of share of other co-sharer is proved - Defendants failed to establish any overt act over property to knowledge of plaintiff - Mere allegation of possession does not amount to..........
Punjab Land Revenue Act, Section 111,112,113,114,115,116,117,118 -- Partition of joint land - Whether land on which Khal now in existence to be allotted to plaintiff - co-sharer in exclusive possession of land where Khal situated or to some other co-sharer - Matter to be decided only in partition proceedings while adjusting equities between the parties - Any observations..........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation on the basis of registered sale deed - Absence of transfer of physical possession - No bar under Sections 34 to 37 to sanction of mutation - Right of a co - owner to transfer his share through sale cannot be denied on the ground that he is not in possession - Rulings 1991 PLJ 219 and 1990 PLJ 491 that mutation cannot..........
Constitution of India, 1950, Article 226,227 -- Review/Re-call of order in earlier writ petition as petitioner not made a party although he was owner in possession of land from which water course was to pass - Petitioner a co-sharer along with his brothers who were respondents in the earlier writ petition - Petitioner cannot be permitted to raise the same point in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against co - sharer from raising construction over land in his exclusive possession when partition had not taken place - Raising of construction on old Chhappar within Gher constructed about 20 years back and which had fallen down - Not to be injuncted - Plea that since parties were joint owners in possession..........
