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ANIL KSHETARPAL
Sabo the Fuels Private Limited Talwandi Sabo – Appellant
Versus
Jatinder Singh – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. In this regular second appeal, the defendants' assail the correctness of concurrent findings of the fact arrived at by the Courts below while passing preliminary decree for partition of joint property measuring 22 kanals 0 marla.
2. Plaintiffs filed a suit for possession by way of partition claiming that they are co-sharers alongwith the defendants. The defendants No. 1, 11, 12, 22 to 24 contested the suit. The defendant No. 1 claimed that he has purchased specific portion of the suit property through various registered sale deeds and therefore, he is not the co-owner.
3. Upon appreciation of evidence, both the Courts below have come to the conclusion that the sale deed executed in favour of the defendant No. 1 result in purchasing a share in the undivided land. It has been found that the defendant No. 1 purchased the property from a co- owner. Hence, the sale of land by referring to specific khasra number would result in purchasing share in the joint land. It has also been found that out of joint property 22 kanals is a non-agricultural land, whereas, 55 kanals 05 marlas is an agricultural land.
4. Heard the learned counsel representing the parties at
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....
The main legal point established in the judgment is the interpretation and application of the provisions of the Punjab Land Revenue Act, 1887, specifically regarding the jurisdiction of the civil cou....
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....
The main legal point established in the judgment is that land on the road should be divided amongst all the co-sharers in proportion to their share in the total land holding, as per the Haryana Land ....
A co-sharer in undivided property can transfer their share without partition; injunctions to prevent such transfers are not legally sustainable.
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