Punjab Land Revenue Act, 1887, Section 118 -- Partition of land - Amended mode - Revenue authorities failed to appreciate true factual aspect of the case in right perspective - Land allotted to co-sharers of all the 3/4 khewats at seven places each - This runs counter to the object of allotting land in a consolidated manner - Amended mode of partition has not been kept in..........
Co-sharers -- Separate possession of co-sharers - Does not mean that there was partition amongst the co-sharers - It may depict mutual arrangement for proper user of the land till partition is effected - Such arrangement for user of the joint land does not amount to partition thereof in absence of some document of partition or recording of same in the revenue record...........
Punjab Land Revenue Act, 1887, Section 117 -- Partition proceedings - Abeyance of - Claim of petitioner is based on an agreement to sell - Suit for specific performance is pending where respondent No.3 has been restrained from alienating suit property - Said suit was filed in year 2008 and is yet to be decided - Both parties are recorded as owners of disputed land - Held,..........
Maharashtra Land Revenue Code, 1966, Section 247, Civil Procedure Code, 1908, Section 54 -- Partition - Effecting of - Appeal - Refusal to grant stay - Legality of - Two questions were raised in appeal u/s 247 before the S.D.O. - (i) that no notice was issued to respondent No.1 and (ii) that partition was hit by provisions of S.8AA of the Bombay Prevention of Fragmentation..........
Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Proof - Held, merely on the basis of entry of mutation, which was never sanctioned, it cannot be said that there was any private partition among co-sharers of total joint land - Non-sanctioning of mutation regarding alleged private partition and no, reflection thereof in revenue record for five long decades..........
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held,..........
Punjab Land Revenue Act, 1887, Section 121 -- Partition - Question of title - Jurisdiction of revenue court - Held, revenue court is equally competent to decide question of title and could also refer same to civil court if there was really such dispute and matter which need a debate in depth...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Preliminary decree - In a suit for partition of immovable property, if such property is not assessed to payment of revenue to the government, ordinarily passing of a preliminary decree declaring the share of the parties may be required...........
Civil Procedure Code, 1908, Section 9, Punjab Land Revenue Act, 1887, Section 117 -- Partition - Question of title - Determination of - Plaintiffs raised question of title in partition application before Revenue Court - Revenue Court proceeded to partition land without determining question of title or without getting the question of title determined from competent Court -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
