Punjab Land Revenue Act, Section 111 -- Partition - Has to be done Khewat - wise - If co-sharers and their shares in land exactly the same in more than one Khewat - Can be combined in one partition...........
Punjab Land Revenue Act, Section 111 -- Partition if co-sharers are different in Khewats - Cannot be combined into one even if one or some co-sharers are common...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mussanna i.e. excerpts or essence of mutation - Proceedings for - Not to review mutation sanctioned - Mutation sanctioned on the basis of family partition - Parat Sarkar of mutation sent to Sadar Office not received back which revealed that Parat Intqal has been lost and relevant entry in Jamabandi not carried out -..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 16A, 14 -- Partition of Shamlat land - Scheme of Consolidation provided for partition of Shamlat land - Writ petition against the Scheme filed by some of the right - holders dismissed and Scheme upheld - - Shamlat land divided between different villages by virtue of entries in Wajib -..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 16 -- Partition case - Delaying partition just to get benefit of pre-emption case which is pending adjudication - Application for setting aside ex parte proceedings dismissed for non - appearance, appeal (filed after expiry of limitation) dismissed as time - barred,..........
Punjab Land Revenue Act, 1887, Section 116 -- Mode of partition - Question of quality of land - Cannot be ignored although efforts should be made not to disturb possession - Land in possession of co-sharers not of same type - In interest of justice that no co-sharer should suffer...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Final decree (drawing up of) in partition suit after a preliminary decree passed - A continuation of proceedings - Period of limitation - Will not come into play - Preliminary decree when passed for partition - Court not only declares rights of parties but duty bound after further act is done, to pass a final decree -..........
Punjab Land Revenue Act, 1887, Section 121, 20 -- Sanad Taqseem prepared - Possession not delivered of property allotted on partition - Failure to follow due procedure as laid down in Section 20 - Matter should be re-opened - Assistant Collector should follow prescribed procedure in Section 20 regarding service...........
Court Fees Act, 1870, Article 17(iii) -- Schedule II - Payment of ad valorem Court Fee or Stamp duty - Separation of shares in terms of relief sought for on account of rendition of accounts - Would arise only after final decree passed and claim for partition and his entitlement in claim for rendition of accounts is determined...........
Punjab Land Revenue Act, 1887, Section 116, 118, Civil Procedure Code, 1908, Order 23, Rule 3 -- Partition - Dispute about watercourse - Compromise between the parties - Written compromise necessary - Collector in appeal and Commissioner in revision referred to mutual compromise - No mutual compromise recorded as stated to have been reached - Order of partition set aside -..........
