Partition -- Simply recording of name of different members of family separately in revenue records over some part of properties cannot be construed as partition of properties...........
Hindu Succession Act, 1956, Section 6(5) -- (as amended) - Partition - Any partition effected through Revenue Courts in the agency areas of State of A.P and effected through award passed by Arbitrators (though before 20.12.2004), would not come within the purview of S.6(5) of the Act...........
Partition Act, 1893, Section 4, Civil Procedure Code, 1908, Section 100 -- Partition suit - Suit property jointly owned and possessed by parties - Defendant no.1 made attempt to prove on record that after collapse of house, he constructed new house, but defendant`s witnesses admitted that house was reconstructed during lifetime of their father on expenses borne jointly by..........
Civil Procedure Code, 1908, Section 54 -- Partition - Final decree - Subject property not an estate assessed for payment of revenue to Government - S.54 CPC is with respect to agricultural land as governed by Delhi Land Reforms Act and Delhi Land Revenue Act and would have no application to subject property - Even otherwise, shares of parties have already been determined..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Assistant Collector order indicates presence of parties being represented by counsel, which is totally beyond record - Assistant Collector being competent authority in entertaining application for partition should not be lackadaisic in following procedure particularly effecting service and so call promulgation -..........
Partition -- Parties residing separately since more than 70 years, mess is separate, residence is separate, properties are acquired separately - Even, parties are recorded separately in revenue records of rights - Moreover, presumption of jointness in favour of plaintiff is very weak as he is 4th generation from the founder, who himself admitted separation between the five..........
Partition suit -- Deceased had made the arrangement with regard to his property during his lifetime - Said arrangements had been subsequently recorded in Memorandum of partition, which was duly acted upon by revenue authorities - Suit property which had been divided by deceased was in occupation of respective parties - Said fact has also been recorded in revenue record -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition suit - Agricultural land - Civil Court has no jurisdiction to decide the real dispute between parties regrading agricultural land, as Revenue Court has to decide and declare the ownership of such property - Moreover, suit is barred by S.331 of U.P.Z.A. and L.R. Act - Suit rightly dismissed...........
Partition -- Suit for cancellation of sale deed - Jurisdiction - Since disputed property is admitted as agricultural land - Declaration of plot or recognition of ownership can be granted only by Revenue Court and not by Civil Court - Further, cancellation of sale deed is an ancillary relief to declaration of ownership - Hence, Civil Court has no jurisdiction...........
Partition -- Second appeal - Suit decreed by revenue court and declared plaintiff as exclusive owner of disputed agricultural property - Sale deed executed by defendant thereafter would automatically become ineffective as no one can pass better title than he himself possesses...........
