Punjab Land Revenue Act, 1887, Section 116 -- Mode of Partition -Old possession of co-sharers to be kept intact - Some of co-sharers allowed digging of mine pit abutting the land in their possession - Naksha bay proposing division of said land among all the co-sharers - Objections by other co-sharers - Partition to be made strictly as per sanctioned mode of partition -..........
Punjab Land Revenue Act, 1887, Section 20 -- Notice of partition - Report of process server that respondent refused to accept service - Proceeded exparte - Application for setting aside exparte proceedings - Summons issued on the same date on which partition application filed - Report of refusal submitted on next date - Refusal not shown at permanent address or village,..........
Punjab Land Revenue Act, 1887, Section 111, 113 -- Partition of joint land - Notice for effecting service - Notice to be served were the respondent is residing - Respondent resident of Rajasthan - Mandatory to serve respondent at his address in Rajasthan...........
Punjab Land Revenue Act, 1887, Section 110 -- Partition proceedings - Stayed by Commissioner on 25.4.2005, further extended on 10.1.2006 - Revenue Officer on 10.1.2006 made entry in rapat roznamcha - Report in roznamcha made in great haste illegally - Revenue Officer cannot pre-empt & defeat adjudicatory process at Appellate/Revisional level by showing unwarranted haste..........
Punjab Land Revenue Act, 1887, Section 111, 116, 117, 118, 119, 120, 121, Specific Relief Act, 1963, Section 37 -- Mode of partition - Ex-parte proceedings - Civil suit for injunction by the respondent, proceeded ex-parte - Injunction refused. Held - Civil Suit for injunction is different from partition proceedings. Injunction normally refused qua another co-sharer of a..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116 -- Partition - Violation of mode of partition - Naksha `B' drawn up - Objections called - Petitioner proceeded exparte - Partition finalized - Appeal and Revision dismissed by Collector & Commissioner, respectively, holding that there is no violation of mode of partition & proceedings atained finality with..........
Punjab Land Revenue Act, 1887, Section 16, 121 -- Partition of land - Appeal after preparation of Sanad Takseem - `Naksha Bay' not challenged - `Naksha Zeem' prepared - Sanad Taksim issued - Mutation sanctioned - Possession stands exchanged - Partition proceedings challanged after attaining finality - Appeal/Revision not maintainable once partition proceedings are..........
Punjab Land Revenue Act, 1887, Section 158 -- Exclusion of jurisdiction of Civil Courts - Question of title - Agricultural land - Civil suit for separate possession & partition - Question of title arose for determination between parties - Trial Court dismissed suit on the ground that only the reveue authories had exclusive jurisdiction to partition the suit land - Only..........
Adverse Possession -- Suit for declaration of title on the basis of adverse possession - Co-sharer claiming adverse possession of the joint land - Co-sharers presumed to be in possession unless contrary is proved - Mere assertion of title by in itself not sufficient - Intention of possessing (animus possidenti) to be proved - Act and conduct of parties show intention of..........
Punjab Land Revenue Act, 1887, Section 111, 116, 121 -- Family Partition - Mode of partition finalised - Partition proceedings on plea of family partition - Order vide which mode of partition finalised not challenged - No material on record to indicate that family partition was incorporated in revenue record - No judicial notice of plea of family partition can be taken in..........
