Hindu Law -- Joint Hindu Family Property - Partition - Suit for partition during life time of father/karta is not maintainable...........
Punjab Land Revenue Act, 1887, Section 17 -- Suit for partition filed by one co-sharer before Asstt.Collector Ist Grade - Other co-sharers raised dispute regarding title of land - Asstt. Collector directed parties to get the title decided from Civil Court - However, order of Asstt. Collector not a speaking order as it was bereft of reasoning as to how there was a title..........
Transfer of Property Act, 1882, Section 44, Punjab Land Revenue Act, 1887, Section 112 -- Partition - Mode of - Sale of specific khasra numbers by co-sharers - Provision made in the mode of partition for allotment of those specific khasra numbers to the concerned co-sharer who sold the same - Allotment of those khasra numbers to the purchaser treating them co-sharer to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Partition suit of residential house - By way of amendment alternative prayer for partition of agricultural land also sought - Change of very nature of suit - Cannot be permitted - Amendment wrongly allowed by trial court - Set aside...........
Rent and Eviction -- Sub letting - Two co-owners let out one shop consisting of two rooms - Sub letting in the year 1971 - Partition amongst co-owners in 1981 - Co-owners jointly filed eviction petition - Tenant liable to be evicted from both the rooms of shop - Plea of tenant that original tenancy was divided on account of partition hence eviction could be ordered only in..........
Hindu Law -- Joint Family Property - Undivided share of a co-parcener can be a subject matter of sale/transfer, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds, either by the decree of a Court in a partition suit, or by settlement among the co-sharers...........
Punjab Land Revenue Act, 1887, Section 111 -- Partition proceedings - Sanad Takseem issued - No provision of appeal against Sanad Takseem - An aggrieved person may, in exceptional circumstances invoke the Financial Commissioner's jurisdiction - S.16(1) of the Act also confers suo motu revisional powers upon the Financial Commissioner to call for and examine the legality of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Non-production of original registered mortgage deed - Admissibility of oral evidence - Since original document was registered prior to partition of country and is currently in area which is now part of Pakistan - Therefore, oral evidence of document is admissible...........
Civil Procedure Code, 1908, Order 18, Rule 20 -- Partition - Preliminary decree passed - Final partition proceedings are not subject to any period of limitation...........
Partition -- `Partition' is a re-distribution or adjustment of pre-existing rights, among co-owners/coparceners, resulting in a division of lands or other properties jointly held by them, into different lots or portions and delivery thereof to the respective allottees - When all co-owners get separated, it is a partition...........
