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SUDHIR MITTAL
Kinder Kaur – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Sudhir Mittal, J. (Oral) - Four separate applications were filed for partition of land comprised in different khewats. The partition proceedings commenced on 08.10.2013 and concluded on 19.12.2014. Sanad was issued on 21.05.2015.
2. A perusal of the record shows that the petitioners have the following grievances against the sanad:-
(i) Proceedings were completed within ten hearings.
(ii) Section 20 of the Punjab Land Revenue Act, 1887 having been violated.
(iii) No opportunity granted to the parties to object to the Naksha Urra.
(iv) Clubbing of land comprised in four separate khewats and
(v) Grant of more valuable land to the private respondents.
3. The first argument raised is that the clubbing of four separate khewats in which the co-sharers were different was illegal. A query was raised by this Court, whether, the petitioners had objected to the order of clubbing. In response, learned counsel for the petitioners has taken the Court through order dated 17.09.2014 (Annexure P-3) to submit that theorder of clubbing was passed on the said date and the case was adjourned to 26.09.2014 calling for Naksha Arra. This shows that no opportunity was granted to the petitioners to object t
The court upheld the validity of the partition proceedings under the Punjab Land Revenue Act, affirming that due process was followed and petitioners had adequate opportunity to raise objections, whi....
Partition applications cannot be consolidated when the parties are not identical, and the mode of partition must be challenged through the appropriate legal remedies.
The interpretation of Section 117 of the Punjab Land Revenue Act, 1887 in relation to the timing of filing partition applications and pending questions of title before the Civil Court.
The interpretation of Section 117 of the Punjab Land Revenue Act, 1887 in relation to the timing of the filing of partition applications and pending questions of title before the Civil Court.
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