Punjab Land Revenue Act, 1887, Section 116, 128 - - Partial partition - Should not be allowed unless all co-sharers agree to it...........
Punjab Land Revenue Act, 1887, Section 116, 118, Himachal Pradesh Land Revenue Act, 1954, Section 128, 130 -- Mode of partition sanctioned by Revenue Officer not challenged in appeal etc. and became final - Revenue Officer has no option but to act and decide partition case according to sanctioned mode of partition Party cannot raise at a later stage plea of private..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Partition suit - Withdrawal - defendants can be transposed as plaintiffs and can continue the suit - there is no absolute right in plaintiff to continue suit - Suit pending for the last 15 years - it does not lie in the mouth of the plaintiff to withdraw the suit...........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 32FF - - Partition of joint Hindu family property in September, 1956 between father - M and sons - D, J and K, partitio, deed registered in January 1958 and in Jamabandi 1958 - 59 sons recorded as owners of land- Agrarian Authorities did not accept partition and order declaring surplus area in the hands of father - M..........
Punjab Land Revenue Act, 1887, Section 116, 118, Himachal Pradesh Land Revenue Act, 1954, Section 128, 130 -- Departure from sanctioned mode of partition, if circumstances of case so warrants - Proper course - To amend mode of partition first, after getting approval of Officers under whose control Revenue Officer is immediately subject...........
Punjab Land Revenue Act, 1887, Section 123, Himachal Pradesh Land Revenue Act, 1954, Section 135 -- Confirmation of partition privately effected between the parties - Procedure which Revenue Officer should follow-To summon parties interested and then enquire from them about the fact whether there was a private partitio, Finding that private partition in fact been made -..........
Punjab Land Revenue Act, 1887, Section 118, 116, Himachal Pradesh Land Revenue Act, 1954, Section 130, 128 -- Partition not according to mode of partition - Illegal - Settled rule that Revenue Officer while dealing with partition case should not make any departure from sanctioned mode of partition...........
Hindu Law -- Partition - Partial partition of joint Hindu Family Property governed by Mitakshara school of law - is valid...........
Hindu Law -- Partition - Partial partition on an earlier occasion - partition suit of remaining properties - is maintainable...........
Punjab Land Revenue Act, 1887, Section 158(2)(xvii), 111 -- Suit in Civil Court for possession by partition - Land situated within town (municipal area) - Jamabandi show land as ghair-mumkin - land not being used for agricultural purposes - Cannot be said that Civil Court has no jurisdiction - Application for partition before Revenue Officer - Cannot continue - Civil..........
