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..........
Punjab Land Revenue Act, 1887, Section 115, 123 -- Private partition - Must be embodied in record of rights - Private partition if not so recorded - Should be acceptable to parties - Parties in possession of respective shares of land separately since time of consolidation operations - Does not amount to private partition when arrangement not embodied in later Jamabandi and..........
Punjab Land Revenue Act, 1887, Section 113 -- Person acquiring interest in joint Khewat during course of partition proceedings - -Service of notice - No requirement of law or of principles of natural justice - Should approach Revenue Authorities for being impleaded as party to partition proceedings - Failure to get impleaded - Order of partition cannot be challenged in..........
Punjab Land Revenue Act, 1887, Section 158 -- Sections 110 to 126 - Challenge to partition on ground of collusion and violation of principles of natural justice - Jurisdiction of Civil Court - Not barred...........
Punjab Land Revenue Act, 1887 -- Sections 110 to 126 - Partition of joint Khewat - During pendency of partition proceedings one of the co-sharers sold specific khasra numbers and put vendee in possession thereof - Co-sharer who had sold the land did not put in appearance in spite of service of notice and allowed partition proceedings to be finalised - Not sufficient to..........
Transfer of Property Act, 1882, Section 52 - - Lis pendens - Conditions precedent for applicability : (i) proceedings must be pending, and (ii) some right respecting property in dispute between the parties - No dispute during partition proceedings between co-sharers respecting their shares in joint Khewat - Absence of right respecting property in dispute between the..........
Evidence Act, 1872, Section 32 -- Foot-note of pedigree table-Presumption of truth attaches - Can be availed of to prove partition - Punjab Land Revenue Act (17 of 1887), Sections 31 and 44.
Foot-note of the pedigree table is good evidence and can be availed of to prove the partition.
Foot-note or kaifiat dehi in the pedigree table are given in accordance with law..........
Punjab Land Revenue Act, 1887, Section 115 -- Partitio, Wrong decision by Revenue Officer to allow or not to allow partition - Does not affect rights of parties in joint land for good - Party adversely affected by such order - Should seek remedy in Civil Court - Writ jurisdiction of High Court cannot be invoked in such matter - Partition proceedings before Revenue Officers..........
Punjab Pre-emption Act, 1913, Section 4, 2 - - Preemption suit on the ground of being co - sharer - Partition of land during pendency of pre - emption suit - Appeal against order of partition pending during pendency of pre - emption suit - Pre-emptor ceased to be co - sharer on the date of partitio, Not entitled to preempt being not a co - sharer on the date of decree...........
Constitution of India, 1950, Article 226, 227 -- Writ jurisdictio, Orders passed by Revenue Authorities under Punjab - and Revenue Act within their jurisdictio, Mere fact that somebody else might have passed a different order - Does not imply that order was illegal or without jurisdictio, Writ petition cannot be used as an appeal against orders of Revenue Authorities -..........
