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..........
Punjab Land Revenue Act, Section 111, 113, 114, 116 -- Setting aside of ex parte in partition case on the grounds that summons not served as wrong address mentioned in application for partition and even Munadi carried out at a place different from where land in dispute situate-Proforma respondents (brother and son of petitioner) in possession of land and regularly..........
Limitation Act, 1963, Article 67, Transfer of Property Act, 1882, Section 116 -- Permissive possession after expiry of lease period - Does not give cause for prescribing title by adverse possession -. Defendant for the first time set up a hostile title in 1957 and the suit having been filed within five years therefrom is not barred by limitation...........
Punjab Land Revenue Act, Section 13, 16, 116, 121 -- Challenge to order finalising partition-Meanwhile instrument of partition prepared and sanctioned-Partition became final with sanctioning of instrument of partition-Instrument of partition enforceable like a decree of a Civil Court for immovable property-Proceedings in appeal and revision against order finalising..........
Punjab Land Revenue Act, Section 116 -- Mode of partition - Cannot be reviewed and modified to suit the convenience of one party, moreso, when fair partition is feasible otherwise...........
Punjab Land Revenue Act, Section 116 -- Independent passage to the land owned by a co - sharer - A must - Right of passage cannot be denied merely on the ground that father of co - sharer owns adjoining land - No law which may make it obligatory on father to provide a passage through his land, to the land owned by his sons in their own names, independently...........
Punjab Land Revenue Act, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Death of a share-holder during pendency of partition proceedings-Partition proceedings continued and L. R.s of deceased share-holder not brought on record-Advocate engaged by share-holder throughout represented him (even after his death)-Either pleader representing share-holder (since..........
Punjab Land Revenue Act, Section 116 -- Private partition-Not given effect to in revenue record-Needs to be ignored...........
Punjab Land Revenue Act, Section 116 -- Mode of partition-Objection to-Objector in physical possession of more land than his share-Interested in prolonging litigation as enjoying usufruct unjustly of land in excess of his due share in his possession because as and when partition finalised he will have to surrender excess area with him...........
Punjab Land Revenue Act, Section 116 -- Private partition-Even if share-holders in possession of specific Khasra numbers for convenience of cultivation to the extent of their shares-Cannot be construed as or confused with partition-Khewats to the extent of shares of joint share-holders also get divided in partition of land...........
