Punjab Land Revenue Act, 1887, Section 123 -- Partition of agricultural land outside Court (i. e, private partition) - Becomes valid only if same brought to notice of Revenue Authorities and sanction obtained and only thereafter Khata divided - Otherwise co-sharers continue to be joint owners in the same Khata - Unless joint Khata divided by metes and bounds - Co-sharers..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 14, 16A, 32 -- Partition of joint land during consolidation proceedings - Question of title raised - Consolidation Authorities partitioned joint land - Additional Director held that question of title involved but still dismissed application under Section 42 thereby maintaining..........
Punjab Land Revenue Act, 1887, Section 117(c) -- Partition declined as compared to quantum of land (59 Kanals) the number of co-owners very large (267) - Not valid - Co-owners who are rightful owners have a right to demand partition - Restriction and limitation on partition of land - Section 112(c) applicable only if land is site of a town or a village...........
Punjab Land Revenue Act, 1887, Section 123. -- Private partition by consent of parties - No report made to Patwari and no proceedings taken under the Act for finalisation of partition - Cannot be recognised...........
Himachal Pradesh Land Revenue Act, 1954, Section 133, 134, Punjab Land Revenue Act, 1887, Section 121, 122 -- Partition, when legally effective - Instrument of Partition, preparation of- - Not a mere formality - Necessary document to make a partition legally effective - Date from which partition to take effect has to be indicated in instrument of partition - Possession..........
Himachal Pradesh Land Revenue Act, 1954, Section 133, 134, Punjab Land Revenue Act, 1887, Section 121, 122 -- Co-sharer - Partition - Status of co-sharer, when extinguished - Instrument of partition necessary document to make partition legally effective - Absence of instrument of partition - Partition not legally effective - No severance of status as a co-sharer in land...........
Himachal Pradesh Land Revenue Act, 1954, Section 17, Punjab Land Revenue Act, 1887, Section 16 -- Stay granted regarding signing of instrument of partition - Instrument of partition prepared inspite of stay order - Illegal - Revoked when informed of stay order - Stay...........
Punjab Tenancy Act, 1887, Section 77(3)(d), 5 -- Tenant in possession of land since before 14th August, 1947, under Muslim owners who left for Pakistan on partition - Effect of Section 12 Administration of Evacuee Property Act, 1950, that occupancy tenancy cannot be terminated by Custodian notwithstanding provisions of Section 9 East Punjab Displaced Persons (Land..........
Punjab Land Revenue Act, 1887, Section 116(b) -- Mode of making partition - Should be block-wise keeping in view quality of land - Benefit in incremental value of land near abadi - Should be given to all co-sharers - Improvement benefit to a co-sharer - Cannot be given without consent of other co-sharers...........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Private partition - Not reflected in revenue record - Plea of private partition cannot be taken note of...........
