Agreement to sell -- Co-owners - One of the co-owners agreed to sell land - No law prohibits a co-sharer from alienating his share in the joint property - Any alienation so made by a co-sharer is always subject to the partition and rights of other co-sharers - The vendees simply step into the shoes of the vendor-co-sharers and will acquire status of a co-sharer and all..........
Co-sharer -- Sale of specific numbers - A co-sharer in joint land is entitled to sell the land of his share even by specific numbers - Sale so made by co-sharer will deem to be sale of his share...........
Co-sharer -- Injunction - Co-owner not in possession of any part of the joint land - Not entitled to seek an injunction against the other co-sharer who is in exclusive possession of joint property unless any act of the co-sharer in possession of property amounts to ouster, prejudicial or adverse to the interest of the co-owner out of possession. Bachan Singh's case 2000..........
Co-sharer -- Joint land - Sale by co-sharer - Exclusive possession of the portion of the land - Can deliver the possession of said land to the vendee at the time of sale...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Defendants purchased land in 1993 - Defendant in exclusive possession of suit land - Obtained licence from competent authority for developing colony - Constructed hundreds of residential flats and other..........
Punjab Land Revenue Act, 1887, Section 111, 112 -- Partition - Gair Mumkin land - Jurisdiction of Revenue Courts - Gair Mumkin land cannot be partitioned by Revenue Courts...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for permanent injunction restraining defendants from raising construction on joint land - Plaintiff concealed factum of family partition between co-sharers - Has not approached the Court with clean hands - Not entitled to equitable relief of injunction...........
Haryana Panchayati Raj Act, 1994, Section 175(1)(n) -- Illegal Possession - Disqualification of Sarpanch - Permanent construction over shamlat land - Removed much prior to election of Sarpanch - Sand & Rori found on shamlat land - Cannot be termed as encroachment - Public having access to shamlat land - Sarpanch cannot be removed u/s 175(1)(n) for illegal possession of..........
Punjab Land Revenue Act, 1887, Section 16, Punjab Land Revenue Rules, 1908 -- Appointment of lambardar - Candidature recommended by AC-1 grade - Collector appointed lambardar - Appointee working as lineman in electricity board - Availability of incumbent in village doubtful - Case remanded to Collector to ascertain availability of incumbent in village - Availability of..........
Punjab Land Revenue Act, 1887, Section 16 -- Status of late applicants to the post of Lambardar - Vacancy of post of Lambardar - Proclamation inviting applications - Only one person applied - Appointed Lambardar by the Collector - Two other persons applying after due date, challanged order of appointment - Commissioner remanded matter to examine the issue of availability..........
