Punjab Land Revenue Act, 1887, Section 11, 6 -- Mode of partition not available (file of Assistant Collector reported to have been destroyed) - Proper course - To draw up mode of partition afresh - Partition to be effected after drawing up mode of partition again...........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Private partition not reflected in revenue record - Partition deed between co-sharers, recital in sale-deed of partition agreement and oral evidence that possession assumed in accordance with agreement of partition - Question of title prima facie arises - Should be decided in accordance with provisions of Section 117...........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition, whether question of title involved - Mutation sanctioned on the basis of Civil Court decree - Appeal pending in High Court - Question of title involved - Judgment of Civil Court not final as appeal pending in High Court - No order of High Court staying partition proceedings - Does not mean no question of title..........
Punjab Land Revenue Act, 1887, Section 15, 13, 16(=S, 16, 14, 17 - - Partition finally confirmed by Financial Commissioner - Order passed by Financial Commissioner cannot be interfered with or modified by subordinate Revenue Officer - Collector accorded permission to review partition mutation sanctioned by Assistant Collector 1st Grade which order confirmed by Financial..........
Punjab Land Revenue Act, 1887, Section 116(=S, 128 - - Procedure to be followed - Assistant Collector 1st Grade should visit the spot and then decide method of partition to be followed in dividing land according to respective shares of parties - A map of land to be partitioned should be prepared - A statement showing area to be divided and shares of parties should also be..........
Punjab Land Revenue Act, 1887, Section 116(, 128 - - Mode of partition - Possession of parties - Should not be disturbed as far as possible...........
Punjab Land Revenue Act, 1887, Section 117(1)(, 129(1) - - Dismissal of partition application by Assistant Collector 1st Grade as question of title involved and applicant not in possession of land - Appeal against it dismissed - Order became final as no further appeal/revision filed against it - Partition of land cannot be allowed till question of title determined by Court..........
Punjab Land Revenue Act, 1887, Section 111, 115, 117(=S, 123, 127, 129 - - Partial partition i. e Partition of a portion of joint property - Cannot be allowed without consent of parties - Application by co-owner for partition of some fields included in joint holding without including other fields (partition of one khata out of three khatas) - Cannot be allowed unless other..........
Punjab Land Revenue Act, 1887, Section 116(=S, 128 - - Partition proceedings - Person recorded in joint ownership in Jamabandi - Presumption of truth attaches to Jamabandi entries - Decree of Civil Court with regard to possession of land and not its ownership - Question of title does not arise...........
Punjab Land Revenue Act, 1887, Section 111(=S, 123 - - Scale of - Two conditions : (i) person asking for partition should be a joint owner of land, and (ii) his share should be recorded in revenue record; must be satisfied before application for partition can be made - Purchaser became joint owner after purchase of a share of joint land and in Jamabandi name of purchaser..........
