Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation on the basis of registered sale deed - Sale by co - sharer of specific Khasra numbers - Land sold not in exclusive possession of co - sharer - Merely because specific Khasra numbers mentioned in registered sale deed - Does not imply that specific Khasra numbers have to find a place in mutation also - Mutation of..........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation on the basis of registered sale deed - Sale by co-sharer of his share in joint land - Land sold more than due share of co-sharer - Mutation as such on the basis of registered sale deed cannot be sanctioned - Plea that land sold in exclusive cultivating possession of co-sharer - Not tenable...........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation on the basis of sale-deed - Sale of share in joint land - Passing over of possession - Immaterial - Possession not pre-requisite as all co-sharers deemed to be in possession - Even if vendor-co-sharer not in actual physical possession - Vendee steps into shoes of erstwhile co-sharer - Symbolic transfer of possession..........
Partition Act, 1893, Section 2 -- Sale instead of division - Where suit property cannot conveniently and equitably be divided between the parties to suit in view of nature and extent of property, Court may allot such item to one co - sharer and direct him to pay the value of the share of other co - sharer in money - Where such course is not possible, Court can direct..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Notice of mutation proceedings to co-sharers in the joint Khata-Necessary-Sale by a co-sharer of specific Khasra numbers in his exclusive possession within limits of his share in joint Khata-Notice should be given to all other co-sharers in the joint Khata so that question of exclusive possession or otherwise may be..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Injunction cannot be issued restraining the co-sharer from alienating the property till such time the land is partitioned - Sale of even a specific portion out of the joint land by a co-sharer shall be deemed to be sale of a share out of joint land...........
Partition Act, 1893, Section 4 -- Suit for partition - Title of appellant as co-sharer denied by other shareholders - Appellant claiming purchase of share in said property as successor-in-interest of `A' who had purchased same in Court-sale - Sale certificate issued by Court and entry in register of Court proving title of `A' - Appellant thereby is co-owner with..........
Co-sharers -- Sale of specific numbers - Would still be considered as a sale from joint holding, not exceeding to the share of the vendors so long the Khewat of co-sharers has not been partitioned by metes and bounds, the purchaser from a co-sharer will be considered as a co-sharer...........
Mutation -- Co-sharer - Mutation challenged - Mutation not in accordance with the contents of the sale deed - Held, co-sharer has a right to challenge the same...........
Punjab Security of Land Tenures Act, 1953, Section 17A, 21A, 15(1) - - Improvement in status of vendee through the same transaction a part of which not preemptible - Can be taken into consideration - Preemption suit by co-sharer- Vendee-defendant in possession of a part of land as tenant- Sale qua that part of land not pre-emptible in view of provisions of Section 17-A..........
