Punjab Land Revenue Act, 1887, Section 121, 123 -- Private partition - Evidence on record shows that partition of shamlat land effected long back among co-sharers and every co-sharer put into possession of his respective share - Factum of partition and possession of respective co-sharer authenticated by revenue officials while recording entries in their record - Held,..........
Stamp Act, 1899, Section 35, 2(15) -- Schedule 1-A, Article 40 - Memorandum of past partition - Amounts to instrument of partition under Section 2(15) of the Act by virtue of A.P. (Amendment) Act 17 of 1986 w.e.f. 16.08.1986 - It requires stamp duty under Article 40 of Schedule 1-A of Stamp Act - Unstamped memorandum of past partition is inadmissible in evidence under..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Non-production of original registered mortgage deed - Admissibility of oral evidence - Since original document was registered prior to partition of country and is currently in area which is now part of Pakistan - Therefore, oral evidence of document is admissible...........
Wakf Act, 1954, Section 3 -- Wakf land - No evidence that suit land was ever dedicated by pious Muslims for charitable purpose - Though in some of the jamabandies suit land is recorded as grave yard, but no evidence to establish such user had continued after partition of country - Held, merely because a notification had been issued in 1979 describing it as a Wakf property..........
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 101 -- Suit for partition - Plea that suit is not maintainable without adding or joining all the properties of the joint family - No concrete pleading or proof - Held, there were no other properties except those mentioned in the plaint as such the suit is maintainable...........
Evidence Act, 1872, Section 101, 106 -- Burden of proof - Plea that all joint family properties not joined in the suit for partition - Burden of proving the facts specially within the knowledge lies on him to prove the said fact...........
Evidence Act, 1872, Section 17 -- Admission - To be binding it should be of precise fact - It is a fact admitted which binds a party and not any inference that may be drawn from it - Statement made by party that he is living separately from other members of joint family cannot be taken as an admission that there was partition of joint family property...........
Registration Act, 1908, Section 17, 49 -- Partition of joint family property - Deed insufficiently stamped and not registered - Document cannot be received in evidence - Factum of partition cannot be proved by oral evidence - Documentary evidence excludes oral evidence - Oral evidence is only corroborating of documentary evidence and cannot stand independently...........
Evidence Act, 1872, Section 45 -- DNA test - Partition suit - Controversy as to whether parties to suit were born to common mother whose property they claim to have inherited - Held, it is essential to order DNA Test which will set at rest the dispute between the parties - Order of lower Court ordering DNA Test, upheld...........
Transfer of Property Act, 1882, Section 5 -- Partition - Unregistered partition deed - Not admissible to evidence to prove the factum of partition to defeat the rights of the plaintiff...........
