Punjab Land Revenue Act, 1887, Section 116, 117 -- Sale in Excess by Co-sharer - Basic principle of partition - Last vendee of co-sharer to suffer - Partition to be carried out by deducting land sold in excess from last vendee...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Sale of specific portion of land - Joint land - No partition by metes and bounds - Co-sharer cannot alienate any specific portion of land - Parties directed to maintain statusquo regarding possession as well as alienation...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Compromise entered between the co-sharers during partition proceedings - Tehsildar partitioning the joint land on the basis of compromise - Revenue Court has jurisdiction to partition land among co-sharer on the basis of compromise...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition of joint land - Respondent proceeded ex-parte - Immediately on next date of hearing moved application for setting aside ex-parte proceedings - AC without deciding application for setting aside ex-parte proceedings, within 2 months, without preparing mode of partition called for and..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition of joint land - One of the co-sharer claiming ownership by way of adverse possession - Objected to partition on plea of pendency of civil suit involving question of title - AC Ist filed the application on account of pendency of civil suit - Collector in appeal directed AC Ist to decide..........
Punjab Land Revenue Act, 1887, Section 111, 116 -- Mode of partition - Value and Quality of land should be taken into account - Possession alone cannot be the basis of partition - The parties to the partition entitled to share in different types of land...........
Punjab Land Revenue Act, 1887, Section 116, 117 -- Question of title - Cannot be raised at the stage of finalization of mode of partition - Should have been raised as a prelimary issue before the Assistant Collector...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition - Mode of Partition approved - Constructed portions to be adjusted against agricultural land - Attained finality - Naksha `Be' approved by Assistant Collector in violation of mode of partition - Challenged in appeal - Collector went beyond jurisdiction in setting aside mode of partition -..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Constructed portion in Agricultural land - Partition/adjustment of - When and How - (i) Can be considered for adjustment against any other agricultural land of co-sharers without subjecting buildup portion to partition, (ii) Can be partitioned only by mutual consent / agreement between parties,..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Land in Lal Lakir, non agricultural, beyond jurisdiction of Revenue Officer to partition the same - Constructed portions in agricultural land can be considered during partition by adjustment against agricultural land - Built up portion can be considered for partition only if mutually agreed by..........
