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AUGUSTINE GEORGE MASIH, ALOK JAIN
Babu Ram – Appellant
Versus
Financial Commissioner (Appeal-Ii), Punjab – Respondent
| Table of Content |
|---|
| 1. challenge to earlier judgments regarding land partition. (Para 1) |
| 2. appellant and respondents dispute partition details. (Para 2 , 3) |
| 3. court confirms validity of partition process. (Para 4 , 7 , 8 , 9) |
| 4. description of partition process and ownership. (Para 5 , 6) |
| 5. appeal dismissed for lack of merit. (Para 10 , 11) |
JUDGMENT
Augustine George Masih, J.
In this intra-Court appeal, judgment dated 03.07.2012 of the learned Single Judge stands assailed, whereby a writ petition preferred by the appellant challenging the orders passed by the revenue authorities declining to interfere in the order dated 01.05.2006 (Annexure P-4) passed by the Assistant Collector 1st Grade ordering partition of the land, stands dismissed.
2. It is the contention of learned counsel for the appellant that the learned Single Judge has failed to appreciate the contentions as have been raised in the writ petition relating to the partition, which has been carried out violating the mode of partition as had been finalized between the parties. He asserts that respondent No.5-Ujjagar Singh son of Angad Singh had sold specific khasra numbers to respondent No.6-Smt. Krishna Kumari, his wife, which is
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 ....
The court upheld the partition proceedings as lawful, confirming adherence to the approved mode of partition and dismissing claims of unjust disturbance of possession.
Equitable allocation of land and adjustment for equitable partition are crucial in upholding the mode of partition, and disturbance of possession does not necessarily invalidate the partition.
The court upheld that consent to partition proceedings precludes claims of violation of natural justice, affirming the legality of the actions taken by revenue authorities.
In partition proceedings, the sanctioned mode of partition based on the consent of the parties is binding. Co-sharers who participate in such proceedings and agree to partition a specific portion of ....
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