Himachal Pradesh Land Revenue Act, 1954, Section 133, 134, Punjab Land Revenue Act, 1887, Section 121, 122 -- Co-sharer - Partition - Status of co-sharer, when extinguished - Instrument of partition necessary document to make partition legally effective - Absence of instrument of partition - Partition not legally effective - No severance of status as a co-sharer in land...........
Himachal Pradesh Land Revenue Act, 1954, Section 17, Punjab Land Revenue Act, 1887, Section 16 -- Stay granted regarding signing of instrument of partition - Instrument of partition prepared inspite of stay order - Illegal - Revoked when informed of stay order - Stay...........
Himachal Pradesh Land Revenue Act, 1954, Section 17, Punjab Land Revenue Act, 1887, Section 16 -- Scope of - Revisional powers of Financial Commissioner - Very wide and unfettered - Not restricted to Section 115 Civil Procedure Code like revisional powers of High Court...........
Himachal Pradesh Land Revenue Act, 1954, Section 132, 133, Punjab Land Revenue Act, 1887, Section 120, 121 -- Joint status of property - Comes to end when partition order passed - Partition is complete once distribution of revenue, rent etc. determined under Section 132 - Section 133 only lays down date from which partition to take effect...........
Himachal Pradesh Land Revenue Act, 1954, Section 17(3), Punjab Land Revenue Act, 1887, Section 16(3) -- Interested party in revision - Not incumbent upon Commissioner or Collector to take cognizance of matter on receipt of application from interested parties - Can take notice of application or representation made by any party in larger public interest - Challenge to..........
Himachal Pradesh Land Revenue Act, 1954, Section 14, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, Punjab Land Revenue Act, 1887, Section 13, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 -- Partition appeal - During pendency enforcement of Himachal Pradesh Village Common Lands Vesting and..........
Himachal Pradesh Land Revenue Act, 1954, Section 14, 17, Punjab Land Revenue Act, 1887, Section 13, 16 -- Appeal or revision against partition - Order neither reversed nor modified - Partition remained intact - Order remained inoperative during period of appeal or revision...........
Himachal Pradesh Land Revenue Act, 1954, Section 35, 36, 37, 38, Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37, Hindu Succession Act, 1956, Section 8 -- Mutation of inheritance - Succession to ascetic (irrespective of fact whether property acquired out of funds of religious trust or by one's own funds) - Governed by custom of religious order to which ascetic..........
Himachal Pradesh Land Revenue Act, 1954, Section 128, Punjab Land Revenue Act, 1887, Section 116 -- Question of title - Whether involved or not - Revenue Officer to determine after preliminary enquiry - Mere raising of plea or insistence of a party that such a question exists - Does not make it incumbent upon Revenue Officer to accept it as such - Stay of partition..........
Himachal Pradesh Land Revenue Act, 1954, Section 45, Punjab Land Revenue Act, 1887, Section 44 -- Entries in Jamabandi - Fall within purview of record-of-rights - Presumed to be true...........
