Punjab Land Revenue Act, 1887, Section 122 -- Partition proceedings - Sanction of mutation - Once partition proceedings have finalized and deed of partition has been prepared, sanction of mutation by revenue authorities on basis thereof cannot be held wrong - There is no illegality in sanctioning of mutation on basis of instrument of partition...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff claims title over suit property by way of oral partition before 50 years ago - Patta was issued in the name of plaintiff on basis of said oral partition - However, no revenue document was produced to prove his possession for past 50 years - Plaintiff not entitled..........
Punjab Land Revenue Act, 1887, Section 16 -- Sanad takseem - Plea of petitioner that order of Collector allowing appeals was without jurisdiction - However, he never objected to maintainability of appeals - Appeal before Collector could have been objected to after the same was filed - If such a objection had been raised it may have been held that post issuance of sanad..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........
Punjab Land Revenue Act, 1887, Section 121, 122 -- Partition proceedings - Preparation of sanad taksim - Appeal - Not maintainable...........
Punjab Land Revenue Act, 1887, Section 121, 122 -- Partition proceedings - Issuance of sanad takism - Filing of appeal after issuance of sanad taksim is probably malicious and mischievous...........
Family settlement - - Family arrangement made for properly enjoying property - Unless said family settlement/partition is reported to Halqa Patwari and got finalised and incorporated in the revenue record, same could not be recognized as a family partition...........
Hindu Law -- Joint family property - Revenue entries - Merely on basis of changes in subsequent Revenue record, it cannot be said that joint tenancy came to an end, particularly when nothing on record to show that there was a partition or family settlement...........
Partition suit -- Plea of relinquishment of share by plaintiff/daughter - Defendant denied the share of plaintiff by relying upon consent letter - Consent letter given for the purpose of entering name of defendant in revenue records - Said consent letter would not amount to a relinquishment of right, title and interest of plaintiff in suit schedule properties - Even said..........
Kerala Land Tax Act, 1961, Section 3(3), 5(2), Kerala Land Tax Rules, 1972, Rule 4 -- Suit for partition - Land tax - Where co-owners/co-sharers are duly allotted shares pursuant to a final decree of civil Court in a suit for partition, it is the statutory obligation of competent revenue officials to ensure basic land tax is collected from such persons who are considered..........
