Punjab Land Revenue Act, 1887, Section 111 -- Partition - Quality of land - Held, merely because objectors were in possession of land adjoining road, they cannot be given entire land on road, because as per mode of partition, partition was to be effected while taking into account quality of land...........
Punjab Land Revenue Act, 1887, Section 117 -- Partition - Title - Held, if during partition proceedings, a question of title arises, S.117(1) requires revenue officer, to reject application till decision of question of title or to decide question himself - Thus, where a civil suit is pending, revenue officer shall pass an order keeping partition proceedings in abeyance, to..........
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 9, Rule 13 -- Partition proceedings - Ex parte decree - Setting aside of - Held, no body should be condemned unheard - In present case, Assistant Collector, 1st Grade violated basic rule of audi alterm parterm while passing ex-parte order - Revenue authorities i.e. Collector, Commissioner as well..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Correction of khasra girdwari - Petitioner was neither owner nor co-sharer of land - Held, petitioner had no locus standi to file application for correction of khasra girdawari...........
Punjab Land Revenue Act, 1887, Section 118 -- Partition of land - Amended mode - Revenue authorities failed to appreciate true factual aspect of the case in right perspective - Land allotted to co-sharers of all the 3/4 khewats at seven places each - This runs counter to the object of allotting land in a consolidated manner - Amended mode of partition has not been kept in..........
Punjab Land Revenue Act, 1887, Section 117 -- Partition proceedings - Abeyance of - Claim of petitioner is based on an agreement to sell - Suit for specific performance is pending where respondent No.3 has been restrained from alienating suit property - Said suit was filed in year 2008 and is yet to be decided - Both parties are recorded as owners of disputed land - Held,..........
Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Proof - Held, merely on the basis of entry of mutation, which was never sanctioned, it cannot be said that there was any private partition among co-sharers of total joint land - Non-sanctioning of mutation regarding alleged private partition and no, reflection thereof in revenue record for five long decades..........
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held,..........
Punjab Land Revenue Act, 1887, Section 121 -- Partition - Question of title - Jurisdiction of revenue court - Held, revenue court is equally competent to decide question of title and could also refer same to civil court if there was really such dispute and matter which need a debate in depth...........
Civil Procedure Code, 1908, Section 9, Punjab Land Revenue Act, 1887, Section 117 -- Partition - Question of title - Determination of - Plaintiffs raised question of title in partition application before Revenue Court - Revenue Court proceeded to partition land without determining question of title or without getting the question of title determined from competent Court -..........
