Civil Procedure Code, 1908, Section 54, Punjab Land Revenue Act, 1887, Section 4, 48, 48A, 54, 111, 112(2) -- Partition of joint land assessed to land revenue - Constructed portion - Maintainability before Revenue Authorities - Objection to partition of joint land on the ground that land is non agricultural-petrol pump and workshop constructed on land - Use of land whether..........
Punjab Land Revenue Act, 1887, Section 111, 116 -- Partition - Objection that the suit regarding ownership of land pending in the Civil Court - Question of title determind and decided by the Civil Courts, attained finality - Partition proceedings to contiune...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Partition - Application for partition - Objections to the partition raised on the ground of family settlement and maintainability of partition qua Ruri & Abadi land - Dismissed by AC Ist - Order not challenged - No objection raised on `Naksha Alaf' - `Naksha Alaf' approved -..........
Specific Relief Act, 1963, Section 37, 38 -- Co-owner - Injunction - Co-owner in long possession - Remedy is not injunction but partition - Long possession may not be enough for ouster or adverse possession but can be taken into account to decide objection of a joint owner in established possession, in a suit seeking injunction against such person...........
Civil Procedure Code, 1908, Order 23, Rule 3A, 3B -- Impleadment of party - Joint property - Partition suit - Compromise - Filing of petition for compromise under O.23.R.3 - Only head of branches are required to be impleaded in suit for partition - Junior members of Hindu Undivided Family are not necessary parties - However son of head of one branch objection to the..........
Civil Procedure Code, 1908, Order 41, Rule 22, Specific Relief Act, 1963, Section 34 -- Declaration of title and possession - Decree - Objection to - Defendant's husband had received properties situated in three out of five survey numbers in oral partition - Other heir received properties in three Survey Number - Sold the same - Categorical admission by plaintiff that..........
Punjab Land Revenue Act, 1887, Section 16, 116, 117, 118, 119, 120, 121 -- Revision in partition case - Challenge to final partition on the ground that same not made in accordance with Mode of Partition - Objection that partition cannot be interfered with as same has become final and Sanad Takseem (Instrument of Partition) issued - Not tenable when final partition not made..........
Punjab Land Revenue Act, 1887, Section 16, 116, 117, 118, 119, 120, 121 -- Revision in partition case - Objection that as Instrument of Partition prepared at that stage it should not be interfered' - Not tenable as land not partitioned in accordance with Mode of Partition...........
Punjab Land Revenue Act, 1887, Section 116, 118 -- Non-inclusion of certain land in partition proceedings - Objection as to - Should be raised when question relating to property to be divided under Section 118 decided at the time of preparation of mode of partition...........
Punjab Land Revenue Act, 1887, Section 113, 13, 16 -- Locus standi to challenge partition proceedings on the ground that no personal service nor registered notice sent - Co-sharer contested partition proceedings, appeared in person before Assistant Collector and duly represented by Advocate - No locus standi to file objection that partition proceedings vitiated in any..........
