Punjab Land Revenue Act, Section 16, 116, 117 -- Revision in partition case - Whether - (i) notice of spot inspection given or not, (ii) pipe - line exists at the spot or not, (iii) share of petitioner less at the spot than his due share - Questions of fact - Cannot be determined by Financial Commissioner in revision...........
Punjab Land Revenue Act, Section 16, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- Assistant Collector while considering objections observed that Naksha `Bey' not prepared according to proposed mode of partition and possession of parties and directed that Naksha `Bey' be prepared afresh - Later on Naksha `Bey' confirmed without taking in view earlier order -..........
Punjab Land Revenue Act, 1887, Section 116, 16 -- Mode of partition states that possession of parties should not be disturbed - Possession of parties cannot be respected beyond their share - Co - sharer holding area in excess of his share - Excess area allocated to other co - sharers keeping in view contiguity of land and principle of consolidation - Order of Assistant..........
Punjab Land Revenue Act, Section 16, 117 -- Revision in partition case - Only one objection raised before Assistant Collector that Naksha `Be' not prepared as per condition of mode of partition - Order of Assistant Collector self - speaking which order upheld in appeal by Collector and in revision by Commissioner - No serious injury occurred to petitioner - Interference in..........
Punjab Land Revenue Act, 1887, Section 16, 111, 112, 113, 114, 115, 116, 117, 118 -- Revision against partition - Plea that shares of parties wrongly determined as Jamabandi which incorporates contents of sanctioned mutation of inheritance of K who is alive and not dead - Objection that presumption of truth attaches to Jamabandi entries and no appeal filed against sanction..........
Punjab Land Revenue Act, Section 16, 111, 112, 113, 114, 115, 116, 117, 118 -- Revision against order approving Naksha `Khe' in partition case - Plea that Bhund Barani land not given according to share of parties - Not tenable as irrigated land equally distributed amongst the parties - Order of Assistant Collector well reasoned and all points raised taken into account,..........
Punjab Land Revenue Act, Section 16, 121 -- Interference in revision after partition proceedings completed and Sanad Takseem prepared - Any error committed by subordinate authority - Can be corrected in exercise of revisional jurisdiction - Financial Commissioner has inherent powers to correct orders of lower Courts - Can take cognizance of case decided by subordinate..........
Punjab Land Revenue Act, Section 16, 117 -- Finding that partition is partial partition - A finding of fact - Such finding cannot be set aside in revision even after appraisal of evidence - Plea that land excluded from partition non - agricultural - Not tenable as no mention in orders of lower Courts that land excluded from partition was non - agricultural...........
Punjab Land Revenue Act, 1887, Section 16, 13, 15, 116, 118 -- Appeal in partition case - Collector remanded case to Assistant Collector 1st Grade for visiting site and finalising mode of partition afresh - Commissioner dismissed appeal saying in last paragraph: "appeal kharaj kiti jandi hai" - Copy of this order given to respondent - Later on Office of Commissioner issued..........
Punjab Land Revenue Act, Section 16, 111, 112, 113, 114, 115, 116, 117, 118 -- Revision against final partition i.e. Naksha `Zeem' - Naksha `Be' finalised at the level of Financial Commissioner and mode of partition confirmed - Some marginal adjustments made in Naksha `Zeem' because of paths - Interference in revision declined...........
