Punjab Land Revenue Act, Section 116 -- Naksha Alaf - Does not show either the precise share of the parties or Khasra numbers/total area in possession of each co-sharer and site plan not attached - Virtually no Naksha Alaf...........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation on the basis of sale-deed - Sale of share in joint land - Passing over of possession - Immaterial - Possession not pre-requisite as all co-sharers deemed to be in possession - Even if vendor-co-sharer not in actual physical possession - Vendee steps into shoes of erstwhile co-sharer - Symbolic transfer of possession..........
Agreement to sell -- Co-sharer - When one of the co-sharers enters into an agreement to sell entire estate belonging to the entire body of the proprietors, it does not bind the others - The vendor is entitled to specific performance qua the share of the person entered into agreement with him - The vendee in that case will not be entitled to the benefit of Sections 12(1),..........
Specific Relief Act, Section 12(2) -- Specific performance of agreement to sell - Whole of land comprised in agreement to sell not exclusively owned by defendant - Land of which defendant exclusive owner (including land to which entitled as a co-sharer) - Suit for possession rightly decreed under Section 12(2) to the extent of land in exclusive ownership of defendant...........
Partition Act, 1893, Section 2 -- Sale instead of division - Where suit property cannot conveniently and equitably be divided between the parties to suit in view of nature and extent of property, Court may allot such item to one co - sharer and direct him to pay the value of the share of other co - sharer in money - Where such course is not possible, Court can direct..........
Co-sharers -- A co - sharer is deemed to be owner and in possession of each part of the joint holding even when he is not in possession of any specific part...........
Co-sharers -- Status - Co - sharer in possession exclusively of some portion of the joint holding is entitled to continue in its possession if it is not more than, his share till the joint holding is partitioned...........
Transfer of Property Act, 1882, Section 52 -- Equitable right - Alienee of an alienee has no claim for equity - It is available to a direct alienee from the co - sharer...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Notice of mutation proceedings to co-sharers in the joint Khata-Necessary-Sale by a co-sharer of specific Khasra numbers in his exclusive possession within limits of his share in joint Khata-Notice should be given to all other co-sharers in the joint Khata so that question of exclusive possession or otherwise may be..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Injunction cannot be issued restraining the co-sharer from alienating the property till such time the land is partitioned - Sale of even a specific portion out of the joint land by a co-sharer shall be deemed to be sale of a share out of joint land...........
