Punjab Land Revenue Act, Section 115 -- Rejection of partition application - For absolute disallowance of partition there has to be 'good and sufficient cause'Revenue Officer should record grounds of his refusal-A mere opinion after spot visit that partition would lead to problem or injustice-Not enough for refusal to consider partition...........
Punjab Land Revenue Act, Section 111 -- Partition of joint land-Locus standi of applicant-Any joint owner of land if his share is recorded in record of rights under Chapter IV at the time of application-Can apply to Revenue Officer for partition of one's share...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation of exchange-Essential-Registration for exchange of immovable property not compulsory in Punjab - Mutation of exchange must be effected to give effect to exchange...........
Punjab Land Revenue Act, Section 111 -- Separation of shares in joint-Khata-Name of applicant recorded in record of rights-Objection to partition where objector in physical possession of excess area than his due share usufruct of which he was enjoying and will have to part with this chunk on partition-Cannot be allowed-Partition application should be proceeded with...........
Punjab Land Revenue Act, Section 16 -- Direct revision to Financial Commissioner against order of Assistant Collector-Not competent-Remedy of revision to Collector/Commissioner should be exhausted before invoking Financial Commissioner's powers of revision...........
Punjab Security of Land Tenures Act, Section 14A(i) -- Form `L'-Ejectment from land shown in revenue record as `Gair Mumkin Bhatta'-Not competent-Both the Acts i.e. Punjab Security of Land Tenures Act and Punjab Tenancy Act-Not applicable as land does not fall within definition of `land' as given under Section 4(1) Punjab Tenancy Act-Land given on lease for a period of 10..........
Punjab Tenancy Act, Section 4(1) -- Land shown in revenue records as `Gair Mumkin Bhatta'-Does not fall within definition of `land' as given in Section 4(1),..........
Punjab Security of Land Tenures Act, Section 9(1)(ii), 14A(i) -- Relationship of landlord and tenant-Land given on lease to set up brick-kiln-Land recorded as `Gair Mumkin Bhatta' in revenue records-Not covered by definition of `land' in Section 4(1) Punjab Tenancy Act-Owner of land does not acquire status of 'landlord' in spite of entries in revenue record-Cannot take..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Determination of share in joint land and for possession of determined share-Partition allowed by Revenue Officer-Possession not delivered after expiry of three years from date of issuance of instrument of partition in view of Section 122 Punjab Land Revenue Act-Suit for separate possession decreed by trial Court..........
Punjab Land Revenue Act, Section 111, 113, 114, 116 -- Setting aside of ex parte in partition case on the grounds that summons not served as wrong address mentioned in application for partition and even Munadi carried out at a place different from where land in dispute situate-Proforma respondents (brother and son of petitioner) in possession of land and regularly..........
