Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123 -- Land purchased 20 years back vide single sale deed - Compromise affected at that time - Parties in possession of their respective shares, constructed room and installed electric motors - Application for partition of land - Mode of partition prepared after spot..........
Punjab Land Revenue Act, 1887, Section 13, 16, 121, 122 -- Partition proceeding completed - Sanad taksim prepared - Possession delivered to co-sharers as per instruments of partition - No appeal or revision competent before Revenue Authorities - Aggrieved party can only approach Civil Court...........
Specific Relief Act, 1963, Section 34 -- Simplicitor suit for declaration by Co-owner/Co-sharer - Maintainability - Suit for declaration claiming = share in land, challenging mutation and subsequent revenue entries - Suit land agricultural in nature - Civil Court not competent to deliver actual physical possession - Revenue Court alone competent to partition the suit land..........
Co-sharer -- Suit for permanent injunction - Dispute as to user of tubewell - Tubewell in the name of defendant - Defendant claiming exclusive right and possession over tubewell on account of oral partition - Land jointly owned by parties - No proof of oral partition - Tubewell joint property of co-sharers...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Document - Marking in evidence - Unregistered partition deed - Unregistered document though inadmissible as evidence of transaction affecting immovable property,c an be admitted for limited collateral purposes such as to know nature and character of possession of party to document - Failure to show any collateral purpose qua..........
Punjab Pre-emption Act, 1913, Section 15(1) -- Co-sharer - Preferential right to pre-empt - Suit for possession by way of per-emption - Private partition affected between the parties - Plaintiff not a co-sharer on the date of sale of land - Not entitled to decree of pre-emption...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharer - Injunction - Restraining defendant from raising construction - A co-sharer in exclusive possession for sufficient long time can raise construction - Question of prohibiting to raise construction by the defendant is dependent singularly on the prime facie finding of fact whether there is mutual partition between..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction - Co-sharer - Family partition - Exclusive possession - Trial Court recording a prima facie finding regarding mutual separate possession and exclusive separate possession of all co-sharers for a long period - Declined the application u/s 39 Rule 1 and 2, restraining defendent/co-sharer from raising construction..........
Punjab Land Revenue Act, 1887, Section 111, 122 -- Partition - Delivery of possession during pendency of revision - Land partitioned by AC-Ist Grade - Appeal filed before Collector dismissed - Revision before Commissioner - Possession delivered during pendency of Revision before Commissioner - Order delivering possession, during the appeal/revision is without jurisdiction..........
Punjab Land Revenue Act, 1887, Section 123 -- Partition of joint land - Plea of family partition and separate possession raised - Family partition not entered in Revenue Records - Family settlement/partition has no relevance unless family arrangement is reflected in the Revenue Records and thus cannot be relied upon for the purpose of partition. Editorial Note - See Ajmer..........
