Punjab Land Revenue Act, 1887, Section 115 -- Partial partition - Plea applicable to lands situated in same village - Not applicable to lands situated in different revenue estates...........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition - Plea of private partition based on oral family settlement - Contrary to entries in revenue records - No question of title involved - 1939 LLT 10 Dissented...........
Punjab Tenancy Act, 1887, Section 5 -- Tenant under Muslim owner who after partition of Country left for Pakistan - Land allotted by Custodian and proprietary rights conferred on allottee - Suit by tenant for acquisition of occupancy rights u/S.5 Punjab Tenancy Act claiming to be tenant on land since prior to and till 14.08.1947 - Necessary to determine effect of S.12..........
Punjab Land Revenue Act, 1887, Section 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126 -- Partition proceedings - Death of one of the co-sharers during pendency of proceedings - Legal representatives (if any) of the deceased should be brought on record - Death is a question of fact - Non-impleading of legal representatives of deceased..........
Punjab Land Revenue Act, 1887, Section 117 -- Partition proceedings - Question as to title - Revenue Officer directed the parties to get question as to title settled by Civil Court - Suit for mere declaration - Competent - Proviso to Section 34 Specific Relief Act, 1963 - Not applicable - Specific Relief Act (47 of 1963), Section 34 (Section 42 of Specific Relief Act,..........
Civil Procedure Code, 1908, Order 21, Rule 35(2) -- Scope of - Decree for joint possession of land - Execution of - By affixation of a copy of warrant at some conspicuous place on the property and also by proclamation by beat of drum the substance of the decree - Actual possession is not delivered - Only symbolical possession is given - Question of removing judgment-debtor..........
Punjab Land Revenue Act, 1887, Section 122 -- Delivery of possession of property allotted on partition - Person in actual physical possession whether as tenant or in adverse possession - Must be dispossessed under due process of law - Rights of tenant not affected by partition proceedings - Eviction of tenant on the basis of partition without a decree of ejectment from..........
Civil Procedure Code, 1908, Section 11 -- In a partition suit each party claiming that the property is joint asserts a fight and litigates under a title which is common to others who make identical claims. If that very issue is litigated in another suit and decided we do not see why the others making the same claims cannot be held to be claiming a right in common for..........
Rules for Extra Supply of Canal Water for Gardens and Orchards, Rule for - - Withdrawal of enhanced supply of water to garden - Notice to owner mentioned in revenue record - Essential - Partition of joint family land - Mutation effected and land covered by garden shown in ownership of petitioner in Jamabandi - Withdrawal of enhanced water supply without notice to..........
Civil Procedure Code, 1908, Section 54 -- Partition suit - Each defendant is plaintiff in his own right and the question as to shares which the different share holders would be entitled to, and the extent, will be at issue. Decree passed by the Court cannot be set aside except on the ground of fraud or total lack of jurisdiction...........
