Punjab Land Revenue Act, 1887, Section 111, 116 -- Mode of partition - Value and Quality of land should be taken into account - Possession alone cannot be the basis of partition - The parties to the partition entitled to share in different types of land...........
Punjab Land Revenue Act, 1887, Section 116, 117 -- Question of title - Cannot be raised at the stage of finalization of mode of partition - Should have been raised as a prelimary issue before the Assistant Collector...........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Partition - Mode of Partition approved - Constructed portions to be adjusted against agricultural land - Attained finality - Naksha `Be' approved by Assistant Collector in violation of mode of partition - Challenged in appeal - Collector went beyond jurisdiction in setting aside mode of partition -..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Constructed portion in Agricultural land - Partition/adjustment of - When and How - (i) Can be considered for adjustment against any other agricultural land of co-sharers without subjecting buildup portion to partition, (ii) Can be partitioned only by mutual consent / agreement between parties,..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117 -- Land in Lal Lakir, non agricultural, beyond jurisdiction of Revenue Officer to partition the same - Constructed portions in agricultural land can be considered during partition by adjustment against agricultural land - Built up portion can be considered for partition only if mutually agreed by..........
Punjab Land Revenue Act, 1887, Section 123 -- Private Partition, honouring of - Application for partition rejected after spot inspection as co-sharers and the parties on the basis of the family partition are in possession of their individual taks, had individual bores, electric connection, approved house plans and separate Girdawari's - Passages also provided for..........
Punjab Land Revenue Act, 1887, Section 123 -- Private Partition, attestation of - Not necessary for the parties to get family / private partition attested by Assistant Collector u/s 123 - Family partition proved should be made basis of mode of partition so that its terms are honoured at the time of adjudication of partition applications...........
Punjab Land Revenue Act, 1887, Section 123 -- Comprehensive family partition fully covering partition of joint holding amongst co-shares with provision of Khal, Pahi etc. - Partition should be ordered accordingly...........
Punjab Land Revenue Act, 1887, Section 123 -- Private partition does not require registration - Cannot be rejected straightway on the ground that it was not reflected/incorporated in revenue records...........
Punjab Land Revenue Act, 1887, Section 116, 117 -- Partition - Question of Title - Death of one of the co-sharer in joint Khewat - Dispute between LR's of the deceased co-sharer - No question of title involved between the co-sharers inter-se - Partition proceedings not to be affected due to pendency of civil suit between LR's of one of the co-sharer...........