Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition, whether question of title involved - Mutation sanctioned on the basis of Civil Court decree - Appeal pending in High Court - Question of title involved - Judgment of Civil Court not final as appeal pending in High Court - No order of High Court staying partition proceedings - Does not mean no question of title..........
Punjab Land Revenue Act, 1887, Section 117(1)(, 129(1) - - Dismissal of partition application by Assistant Collector 1st Grade as question of title involved and applicant not in possession of land - Appeal against it dismissed - Order became final as no further appeal/revision filed against it - Partition of land cannot be allowed till question of title determined by Court..........
Punjab Land Revenue Act, 1887, Section 13, 16 -- Appeal/Revision in matter of partition of Shamilat land - Revenue Officers should be liberal in entertaining - Appeal/Revision filed by absentee parties after coming to know of order - Should not be rejected on hyper-technical grounds - Revenue Officers must ensure that rights of absentee parties not affected - Some of the..........
Punjab Pre-emption Act, 1913, Section 4, 15 -- Pre-emption suit on ground of co-owner in Khewat of land in dispute - During pendency of suit vendees obtained order of partition of joint Khewat from Revenue Officer - Pre emptors moved application for stay of proceedings in preemption suit on the ground that appeal filed against order of Revenue Officer ordering partition of..........
Punjab Land Revenue Act, 1887, Section 13, 17, 112, 113, 114, 115, 116, 117, 118, Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Cross-Objections filed in appeal against partition - Withdrawal of Appeal later on - Cross-Objections held to have automatically ended - Plea that Cross-Objections should be treated as Appeal - Not tenable - Provisions of Civil Procedure..........
Punjab Pre-emption Act, 1913, Section 4, 15(1)(b) -- Co-sharer claiming right of pre-emption - Partition' of joint holding - Pre-emptor having right of pre-emption on date of sale, on date of suit and also on date of decree by trial Court - Subsequent partition order by Collector during pendency of appeal - Of no consequence - Cannot affect pre-emption right - Right of..........
Himachal Pradesh Land Revenue Act, 1954, Section 14, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, Punjab Land Revenue Act, 1887, Section 13, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 -- Partition appeal - During pendency enforcement of Himachal Pradesh Village Common Lands Vesting and..........
Himachal Pradesh Land Revenue Act, 1954, Section 14, 17, Punjab Land Revenue Act, 1887, Section 13, 16 -- Appeal or revision against partition - Order neither reversed nor modified - Partition remained intact - Order remained inoperative during period of appeal or revision...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 -- Applicability of - Order of re-partition finalized u/S.21(2) - Covered by "order" within meaning of Rule 18 - Neither appeal filed u/S.21(3) nor further appeal u/S.21(4) - Petition directly filed u/S.42 - Limitation - 6 months from date of order passed u/S.21(2) - Petition filed..........
Civil Procedure Code, 1908, Order 22, Rule 4, 11 -- Partition suit between co-owner - Alinee of one co-owner impleaded party - L.R's of alinee not impleaded within time on death - Appeal does not abate as alinee not a necessary party...........
