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...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - It is not necessary to include a person who is holding life interest over property as party to suit for partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit properties purchased by plaintiff through various vendors - Title of some of vendors is disputed - Relief of permanent injunction denied by Courts below - Plaintiff contended that Courts should have granted a decree for at least some extent of land to which vendors of plaintiff were found entitled to -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Maintainability - Co-owners - Plaintiffs are co-sharers in suit property to the extent of 1/3rd share each - Every co-owner is deemed to be in joint possession of every inch of joint land even if same is in exclusive possession of one of co-owners - However, co-owner in..........
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..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo - Co-sharers - Suit for separate possession - Suit for partition pending in between parties - It would be appropriate and in the interest of justice to ensure that parties continue with this position till final partition takes place and none of them is allowed to raise any sort of..........
Partition suit -- Maintainability - Suit for partition can be proceeded only if relationships are admitted between parties...........
Partition suit -- Maintainability - When plaintiff himself admitted that he is an orphan and not established that he is legal heir, he is not entitled for partition - Partition suit not maintainable at the instance of plaintiff...........
Partition suit -- Plaintiff submitted that he was treated as eldest son in family - Such submission cannot be entertained for purpose of extending benefit of inheritance...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - While deciding application it cannot be decided as to whether schedule mentioned property is joint family property or self acquired property which can only be decided by conducting full fledged trial - Rejection of application, set aside...........
