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 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...........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Applicability of the provisions - S.14(1) applies only if property is acquired by female Hindu in lieu of maintenance or by virtue of any pre-existing right or at partition and such acquisition is not covered by S.14(2) which is a proviso to S.14(1)- Held, on fact that as right was conferred for the first time under a..........
Partition Act, 1893, Section 4, Transfer of Property Act, 1882, Section 44 -- The provisions are enacted for the domestic peace of members of undivided family occupying a common dwelling house from the encroachment of a stranger transferee - The provision of S.4 Partition Act is available at all the relevant stages of the litigation between the contesting co-owners till..........
Partition Act, 1893, Section 4 -- Dwelling house belonging to undivided family - Suit for partition - Final decree passed - S.4 can be pressed in service in execution proceedings arising out of a final decree for partition, by one of co-owners against a stranger transferee of a share therein - Held, S.4 in its applicability covers all stage of litigation in a partition..........
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..........
Punjab Land Revenue Act, Section 13, 16 -- Appeal against interlocutory order by which objections against partition rejected - Not competent-Only a revision lies...........
Punjab Land Revenue Act, Section 111, 113 -- Partition proceedings instituted against some of the dead persons i.e. application for partition mentioned names of dead co-sharers because their names still existed in record-of-rights as co-sharers-Not illegal-No justification for absolute disallowance of partition application-Proper course-To allow L. R.s of deceased..........
Punjab Land Revenue Act, Section 13, 16, 116, 121 -- Challenge to order finalising partition-Meanwhile instrument of partition prepared and sanctioned-Partition became final with sanctioning of instrument of partition-Instrument of partition enforceable like a decree of a Civil Court for immovable property-Proceedings in appeal and revision against order finalising..........
