Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
The purpose of Takhta Bandi is to facilitate clear, legal, and physical demarcation of property shares, enabling equitable partition and sale if required ["TEJU MIAN AND ORS vs ETWARIYA KUER AND ORS - Jharkhand"].
Analysis and Conclusion:
References:- ["Uma Kant Jha VS Shital Thakur - 1995 0 Supreme(Pat) 162"]- ["Braj Kishore Pd VS Uma Dev - Jharkhand"]- ["TEJU MIAN AND ORS vs ETWARIYA KUER AND ORS - Jharkhand"]- ["Ramkeshwar Prasad VS Babu Girja Prasad - Patna"]- ["Rambilas Mahto VS Mahablr Mahto - Patna"]- ["TEJU MIAN AND ORS vs ETWARIYA KUER AND ORS - Jharkhand"]- ["Rambilas Mahto VS Mahabir Mahto - Patna"]- ["Chandrawati Devi Wife Of Rama Ram VS State Of Bihar - 2011 0 Supreme(Pat) 628"]
In property disputes among co-owners or heirs, partition suits are common, especially in regions like India and Pakistan where joint family properties are prevalent. One key term that often arises is Takhta Bandi. But what exactly is Takhta Bandi in a partition suit, and when is it done? This blog post breaks it down, drawing from legal principles, case law, and procedural rules to help you navigate this process.
Whether you're a co-sharer facing a family property division or simply curious about property law, understanding Takhta Bandi can prevent future conflicts. Note that this is general information based on established practices and should not be taken as specific legal advice—consult a qualified lawyer for your situation.
Takhta Bandi refers to the physical demarcation or division of property shares among co-owners through metes and bounds. It's a practical step in partition litigation where land or property is marked out into specific 'takhtas' (plots) for each party. This traditional method translates abstract legal shares into tangible boundaries, often involving court-appointed Pleader Commissioners who prepare maps or reports (Takhtas). [
#TakhtaBandi, #PartitionSuit, #PropertyLaw
If in such judgment, the court is in a position to give Takhta Bandi, the decree is finally prepared, and a person against such final decree can move only in appeal. ... But in a case where a judgment is only delivered giving therein the share of one and other party, but for the purpose of Takhta Bandi, the matter is sent to Pleader Commissioner for report, only a preliminary decree is prepared. ... After the preliminary decree made in the partition suit, the survey knowing Pleader Com....
On perusal of the record, it does appear that an order was passed in Partition Suit No. 28 of 1951, by learned Sub-Judge, Hazaribagh, whereby a Pleader Commissioner was appointed for Takhta Bandi. ... 6. ... Takhta. ... However, submission advanced on behalf of the respondent was not accepted for the reason assigned herein below:- ... "The aforesaid fact about final decree passed in the Partition Suit No.28 of 1951 mentioned in the subsequent judgment finds support fr....
vide Partition Suit No.48 of 1993 had been filed by the plaintiff- Ram Dayal Mahto for partition of part of the property detailed in preliminary decree and as per report of Batwara Commissioner and its Takhta partition suit was decided ex-parte against the defendants on 12.08.1998 and Bandi no illegality or irregularity in the final decree dated 19.06.2007 has been p style="position:absolute;white-space:pre;margin:0;padding:0;top:
It is not in dispute that the said kist bandi katoni, which is issued by the Revenue Officer, shows the name of seller in respect of suit property bearing khasra No.246 admeasuring 1.598 hectares along with other brothers. 16. ... land at village Chhatamuda wherein the suit property situates. ... Sharma, learned counsel appearing for the appellants would submit that in the kist bandi katoni, in respect of the suit land i.e. Khasra No. 246 admeasuring 1.598 Hectare, which is part of sale deed (Ex.P/5), n....
In a suit for partition, a preliminary decree was passed, and, after the preliminary decree, a pleader commissioner was appointed to make takhta-bandi. ... After the commissioner had done most of the work, neither party appeared before the Court, and the suit was dismissed for default of both the parties. ... Kusum Kumari Roy, AIR 1925 Cal 57 (B), some money was deposited as the remuneration of the commissioner in a suit for partition but the commiss....
Kedar Mahto, father of opposite parties 9 to 11 herein, filed Partition Suit No.8 of 1959 in the court of Subordinate Judge, palamau at Daltonganj for partition of his share in the properties described in the Schedule to the plaint. ... In the present suit defendant Nos.70 to 73 contested the suit and a separate takhta to the extent of 5 shars out of 96 shares was allotted to them but with a strokes of Amin commissioners pen the allotted takhta no.18 to the defendant ....
partition decree was not done according to the preliminary decree; the Court can treat the application filed by the aggrieved party as one for review, dispose it of on merits and correct the final decree under Sec. 151 of the Code. ... Kedar Mahto, father of opposite parties 9 to 11 herein, filed Partition Suit No. 8 of 1959 in the court of Subordinate Judge, Falamu at Daltonganj for partition of his share in, the properties described in the Schedule to the plaint. ... In the present suit#HL_E....
It was submitted on behalf of these defendants that after failure of plaintiffs nos.1 and 2 with Title Suit no.23/84 up to the Hon'ble Court, it was natural for the plaintiffs to file a suit for partition for carving out their separate takhta. ... Partition Suit No.09 of 1998 was instituted for partition of the lands mentioned in Schedule-C to the plaint, claiming 2/3rd share therein and accordingly, prayer was made for preliminary decree to be passed in favour of the....
Subsequently one of the defendants filed Partition Suit in the year 1994 for partition of his share which was dismissed and appeal with respect to the same was pending. In the same year, 3 other defendants filed application for carving out their separate patti in the original Partition Suit. ... and the same can be done not only during the stage of preparation of the final decree but even thereafter. ... Thus it is submitted that at no stage during the original trial upto the matter be....
Takhta Bandi.” ... metes and bound by making Takhta Bandi as per law? ... /division through metes and bound by making Takhta Bandi as per the law. ... It would be depending on the complete partition by metes and bounds by making Takhta Bandi as per the law. But right to sale cannot be denied if legal necessity demands so. 10. ... Further, the four sale deeds are valid and the purchasers (defendant nos. 2 to 4) are entitled for the s....
9. Accordingly, the partition suit was filed for preparing of separate 'takhta' for the plaintiff after granting a decree of 1/12th share in the properties of her father, Md. Yakub and her mother, Most.
It further transpires that the Partition Suit was decreed and the Final Decree was prepared by which one takhta was separately prepared for the plaintiff whereas the other takhta was prepared for all the defendants. Hence, by the execution case only the takhta prepared for the plaintiff is going to be handed over to him. But so far the other takhta is concerned, it is joint among the other claimants who may or may not be parties in the Execution case and the defendants, if they so like, can get their separate share partitioned subsequently.
9. Accordingly, the partition suit was filed for preparing of separate 'takhta' for the plaintiff after granting a decree of 1/12th share in the properties of her father, Md. Yakub and her mother, Most.
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