Punjab Land Revenue Act, 1887, Section 116 -- Mode of partition - Question of quality of land - Cannot be ignored although efforts should be made not to disturb possession - Land in possession of co-sharers not of same type - In interest of justice that no co-sharer should suffer...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction restraining co-sharer-defendants from raising construction on joint land not partitioned by metes and bounds - Plaintiffs sold their share in the property and even given a right to raise construction over the land in dispute to vendees - Cannot raise any objection against construction to be made by..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation of sale by co-sharer - Right of co-sharer to alienate his share in joint holding cannot be disputed - Co-sharer has no authority to alienate specific Khasra numbers unless co-sharer in exclusive possession of the same or sale made with the consent of other share-holders - Vendee of such a property - Cannot..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale deed - Sale by co-sharer of specific Khasra numbers - Cultivation column of Jamabandi shows possession of all co-sharers - Co-sharer not in exclusive possession of land sold but same within share of co-sharer in the Khewat - Mutation should not be rejected outright - Patwari..........
Adverse possession -- Co-sharer - Plea of adverse possession by a co-sharer against another co-sharer cannot be accepted unless complete ouster for more than twelve years is proved or disclaimed of share of other co-sharer is proved - Defendants failed to establish any overt act over property to knowledge of plaintiff - Mere allegation of possession does not amount to..........
Punjab Land Revenue Act, Section 111,112,113,114,115,116,117,118 -- Partition of joint land - Whether land on which Khal now in existence to be allotted to plaintiff - co-sharer in exclusive possession of land where Khal situated or to some other co-sharer - Matter to be decided only in partition proceedings while adjusting equities between the parties - Any observations..........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation on the basis of registered sale deed - Absence of transfer of physical possession - No bar under Sections 34 to 37 to sanction of mutation - Right of a co - owner to transfer his share through sale cannot be denied on the ground that he is not in possession - Rulings 1991 PLJ 219 and 1990 PLJ 491 that mutation cannot..........
Constitution of India, 1950, Article 226,227 -- Review/Re-call of order in earlier writ petition as petitioner not made a party although he was owner in possession of land from which water course was to pass - Petitioner a co-sharer along with his brothers who were respondents in the earlier writ petition - Petitioner cannot be permitted to raise the same point in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction against co - sharer from raising construction over land in his exclusive possession when partition had not taken place - Raising of construction on old Chhappar within Gher constructed about 20 years back and which had fallen down - Not to be injuncted - Plea that since parties were joint owners in possession..........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation on the basis of registered sale deed - Sale by co - sharer of specific Khasra numbers - Land sold not in exclusive possession of co - sharer - Merely because specific Khasra numbers mentioned in registered sale deed - Does not imply that specific Khasra numbers have to find a place in mutation also - Mutation of..........
