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KARAMJIT SINGH
Om Pati – Appellant
Versus
Hawa Singh – Respondent
Headnote: Read headnote
KARAMJIT SINGH, J.
For convenience, the parties herein are described as per the recitals before the learned trial Court.
2. Having suffered concurrent adverse findings by two Courts below, the plaintiffs are in second appeal before this Court assailing the learned trial Court judgment and decree dated 30.9.2016, as upheld by the learned first Appellate Court vide its judgment and decree dated 30.8.2017.
3. Briefly stated the facts of the case of the plaintiffs are that the plaintiffs and defendants were co-sharer in the joint land. Defendant No.1-Hawa Singh filed an application for partition of the said land in the Court of Assistant Collector, 1st Grade, Kaithal; that the plaintiffs were not served any notice of the partition proceedings and the partition proceedings were conducted at the back of the plaintiffs and the partition proceedings were finally decided by the AC, 1st Grade, Kaithal on 11.5.2010 without following proper procedure and thus, the entire partition proceedings are liable to be set aside being il
The main legal point established is that the Civil Court's jurisdiction is excluded in matters within the jurisdiction of revenue officers as per Section 158 of the Punjab Land Revenue Act.
Civil Courts cannot adjudicate matters concerning partition as per H.P. Land Revenue Act, Section 171, which restricts jurisdiction in partition disputes, asserting that remedy lies within revenue au....
Civil courts lack jurisdiction over partition proceedings unless fundamental judicial principles are violated; mere erroneous orders do not constitute jurisdictional errors.
Civil courts lack jurisdiction to challenge partition proceedings by revenue authorities unless a question of title arises or jurisdictional defects are alleged, as prescribed by Section 171 of the H....
The jurisdiction of Civil Courts is fundamental and must be specifically addressed; failure to do so vitiates the judgments.
The jurisdiction of civil courts is barred under Section 154(1)(e) of the Assam Land Revenue Regulation if the plaintiff is not in possession of the land and fails to meet the conditions for imperfec....
The purchase of a specified portion of land in an un-partitioned area results in co-ownership, and jurisdiction for partition lies with both Revenue Authorities and Civil Courts depending on land typ....
A Civil Court can entertain a partition suit despite the land being recorded as agricultural if the actual use has changed to residential, emphasizing that technicalities should not impede substantia....
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