Punjab Land Revenue Act, 1887, Section 115 -- Partitio, Wrong decision by Revenue Officer to allow or not to allow partition - Does not affect rights of parties in joint land for good - Party adversely affected by such order - Should seek remedy in Civil Court - Writ jurisdiction of High Court cannot be invoked in such matter - Partition proceedings before Revenue Officers..........
Punjab Pre-emption Act, 1913, Section 4, 2 - - Preemption suit on the ground of being co - sharer - Partition of land during pendency of pre - emption suit - Appeal against order of partition pending during pendency of pre - emption suit - Pre-emptor ceased to be co - sharer on the date of partitio, Not entitled to preempt being not a co - sharer on the date of decree...........
Constitution of India, 1950, Article 226, 227 -- Writ jurisdictio, Orders passed by Revenue Authorities under Punjab - and Revenue Act within their jurisdictio, Mere fact that somebody else might have passed a different order - Does not imply that order was illegal or without jurisdictio, Writ petition cannot be used as an appeal against orders of Revenue Authorities -..........
Punjab Land Revenue Act, 1887, Section 13, 16, 118, 121 -- Order sanctioning final partition - Appealable. Where it was contended that after the orders regarding mode of partition were made, the remaining proceedings were of formal nature and no revision lay against those orders, held, the order of mode of partition, as also the order sanctioning final partition, are..........
Punjab Land Revenue Act, 1887, Section 11(a) - - Scope of - Joint owner in whose favour mutation stands sanctioned - Can apply for partition - Not necessary that the share should be recorded in Jamabandi. The share of a joint owner can be deemed to be recorded under Chapter IV as belonging to him in accordance with the provisions of Section 111 of the Punjab Land Revenue..........
Punjab Land Revenue Act, 1887, Section 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 126, 34, 35, 36, 37 -- Partition proceedings - Revenue Officer cannot go into correctness or otherwise of order sanctioning mutation of inheritance. It is not possible for the Revenue Officer to go into the correctness or otherwise of the order sanctioning..........
Punjab Land Revenue Act, 1887, Section 111(b) -- Scope of - Decree of Civil Court establishing right of a person in joint holding - Entitles him to get partition of his share. Where the right of a person in the joint holding has been duly established by a decree of a Civil Court, he is entitled to get the partition of his share in the joint holding as it is covered by..........
Punjab Land Revenue Act, 1887, Section 20, 113 -- Service of notice of partition application on share - holders - Should conform strictly to the provisions of Section 20 - Publication of notice in newspaper - No service in the eyes of law. Publication of the notice in the newspaper is no service in the eyes of law. (Para 3) It is incumbent on the Assistant Collector to..........
Punjab Land Revenue Act, 1887, Section 115 -- Partition if would result in holdings of such minute size as to be of little use to the share - holders - Desirable to disallow partition. If the result of the partition would be the creation of holdings of such minute size as to be of little use to the share-holders, it is desirable to disallow the partitioning of the..........
