Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition - Plea of private partition based on oral family settlement - Contrary to entries in revenue records - No question of title involved - 1939 LLT 10 Dissented...........
Punjab Land Revenue Act, 1887, Section 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 -- Partition proceedings - Death of one of the co-sharers during pendency of proceedings - Legal representatives (if any) of the deceased should be brought on record - Death is a question of fact - Non-impleading of legal representatives of deceased..........
Punjab Land Revenue Act, 1887, Section 117 -- Partition proceedings - Question as to title - Revenue Officer directed the parties to get question as to title settled by Civil Court - Suit for mere declaration - Competent - Proviso to Section 34 Specific Relief Act, 1963 - Not applicable - Specific Relief Act (47 of 1963), Section 34 (Section 42 of Specific Relief Act,..........
Punjab Land Revenue Act, 1887, Section 122 -- Delivery of possession of property allotted on partition - Person in actual physical possession whether as tenant or in adverse possession - Must be dispossessed under due process of law - Rights of tenant not affected by partition proceedings - Eviction of tenant on the basis of partition without a decree of ejectment from..........
Punjab Land Revenue Act, 1887, Section 115, 123 -- Private partition - Must be embodied in record of rights - Private partition if not so recorded - Should be acceptable to parties - Parties in possession of respective shares of land separately since time of consolidation operations - Does not amount to private partition when arrangement not embodied in later Jamabandi and..........
Punjab Land Revenue Act, 1887, Section 113 -- Person acquiring interest in joint Khewat during course of partition proceedings - -Service of notice - No requirement of law or of principles of natural justice - Should approach Revenue Authorities for being impleaded as party to partition proceedings - Failure to get impleaded - Order of partition cannot be challenged in..........
Punjab Land Revenue Act, 1887, Section 158 -- Sections 110 to 126 - Challenge to partition on ground of collusion and violation of principles of natural justice - Jurisdiction of Civil Court - Not barred...........
Punjab Land Revenue Act, 1887 -- Sections 110 to 126 - Partition of joint Khewat - During pendency of partition proceedings one of the co-sharers sold specific khasra numbers and put vendee in possession thereof - Co-sharer who had sold the land did not put in appearance in spite of service of notice and allowed partition proceedings to be finalised - Not sufficient to..........
Transfer of Property Act, 1882, Section 52 - - Lis pendens - Conditions precedent for applicability : (i) proceedings must be pending, and (ii) some right respecting property in dispute between the parties - No dispute during partition proceedings between co-sharers respecting their shares in joint Khewat - Absence of right respecting property in dispute between the..........
Evidence Act, 1872, Section 32 -- Foot-note of pedigree table-Presumption of truth attaches - Can be availed of to prove partition - Punjab Land Revenue Act (17 of 1887), Sections 31 and 44.
Foot-note of the pedigree table is good evidence and can be availed of to prove the partition.
Foot-note or kaifiat dehi in the pedigree table are given in accordance with law..........
