Punjab Land Revenue Act, 1887, Section 111, 123 - - Partition of land held as mortgagee - Not permissible - Only land held jointly by owners or occupancy tenants can be partitioned - Mortgagee's land not subject to partition...........
Punjab Land Revenue Act, 1887, Section 118, 116, Himachal Pradesh Land Revenue Act, 1954, Section 130, 128 -- Objection to final partition that earlier statement made by a party under duress or on the basis of some promise given to him by opposite party - Revenue Officer has no jurisdiction to decide - Proper forum - To have recourse to Civil Court...........
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..........
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...........
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..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18, Punjab Land Revenue Act, 1887, Section 158(2)(xvii), 158(xviii), 48, 111 -- Suit for possession by partition in Civil Court - Objection that one of the properties consists of agricultural land and simply because on one Khasra number buildings have been constructed does not mean that it ceased to be agricultural..........
Punjab Land Revenue Act, 1887, Section 111, 117 -- Partition of land - Plea by transferees of bona fide purchasers without notice - Whether involves a question of title - Transfer which is hit by doctrine of lis pendens under Section 52 Transfer of Property Act - Question of good faith totally irrelevant - Transferees having purchased property during pendency of civil..........
