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(O&M;) Balbir Singh vs Subedar Jit Singh Etc on 1 June, 2017

Reliance was placed upon Khushal Singh and others versus Gurdip Singh and others 1987 PLJ 369, Kalyan Dass versus Som Nath and others 1987 PLJ 4, Bakhtawar Singh and others versus The State of Punjab and others 1987 PLJ 7, Jagga Singh versus Surjeet Singh and others 2003(3) RCR (Civil) 52, Surjit Singh versus Financial Commissioner Appeals-II, Punjab and others 2012(5) RCR (Civil) 683 and Lal Chand versus Sunil Kumar and others 2014(2) L.A.R. 606.
Punjab-Haryana High Court Cites 17 - Cited by 0 - A Chaudhry - Full Document

(O&M;) Balbir Singh vs Subedar Jit Singh & Others on 1 June, 2017

Reliance was placed upon Khushal Singh and others versus Gurdip Singh and others 1987 PLJ 369, Kalyan Dass versus Som Nath and others 1987 PLJ 4, Bakhtawar Singh and others versus The State of Punjab and others 1987 PLJ 7, Jagga Singh versus Surjeet Singh and others 2003(3) RCR (Civil) 52, Surjit Singh versus Financial Commissioner Appeals-II, Punjab and others 2012(5) RCR (Civil) 683 and Lal Chand versus Sunil Kumar and others 2014(2) L.A.R. 606.
Punjab-Haryana High Court Cites 15 - Cited by 0 - A Chaudhry - Full Document

Bihari Lal & Anr vs Ram Rati & Ors on 20 July, 2011

Furthermore, this Court in Jagga Singh v. Surjeet Singh, 2000(3) RCR (Civil) 52 has held that the civil court cannot partition the land assessed to land revenue. Land assessed to land revenue can be partitioned only by the revenue officer, civil court can partition agricultural land which has been converted into residential plots, and houses have been constructed thereon. Furthermore, in the present case, it is not the case of the parties that some irregularity or error of procedure has been committed by the revenue authorities. It will be pertinent to mention the following finding of the trial court:-
Punjab-Haryana High Court Cites 4 - Cited by 0 - K S Ahluwalia - Full Document

Tejpal And Ors vs Shaktipal And Ors on 4 February, 2015

From this all, it ensues and the revenue documents Ex.PA to Ex.PG, it leaves no scope to doubt that the entire land over which rival claims are being laid is a joint un-partitioned agricultural land and RATTAN PAL SINGH 2015.03.27 12:48 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court RSA No.4814 of 2014 (O&M) 4 innumerable persons are its owners laying claim to their respective shares and thus, for judicious decision Civil Court cannot ascertain the precise share of any of the parties even to this litigation, especially in view of the fact that during the course of time there has been repeated alienation, unless and until this agricultural land is partitioned which is within the sole jurisdiction of the Revenue Authorities in terms of Section 158 of the Punjab Land Revenue Act, 1887 (in short, 'the Act') as applicable to the State of Haryana. It would not be appropriate neither it is practically possible for the Civil Court to adjudicate on this dispute qua respective shares of the parties. It is well settled law reference of which can be taken note of the ratios laid down in 'Sucha Singh and others v. Balbir Singh' 1964 PLJ 160, which has been subsequently relied upon in 'Jagga Singh v. Surjeet Singh and others' 2000(3) RCR (Civil) 52 that being a pure agricultural land Civil Court cannot effect partition and the parties need to be relegated to the position of moving appropriate authorities for partition which has even been invariably mentioned in the first appellate Court judgment in the concluding paragraphs. In the light of the evidence on record and the total ambiguous and unclear situation emerging from the revenue records, it would have been appropriate for the courts below to have directed the parties to first get the land partitioned under the Punjab Land Revenue Act, 1887 and then could have ascertained their title to a particular definite share of this property and since this fact is coming in the way of the courts to bring about a judicious decision and the RATTAN PAL SINGH 2015.03.27 12:48 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court RSA No.4814 of 2014 (O&M) 5 question of partition/demarcation Civil Court has no jurisdiction to entertain, try and determine by way of ordinary original civil jurisdiction. In view of the situation so created and the inherent lack of jurisdiction of the Civil Court it would be highly unjust and inappropriate to determine the relief being sought by the plaintiffs in the suit.
Punjab-Haryana High Court Cites 6 - Cited by 0 - F D Singh - Full Document

Surat Singh And Anr vs Bhagwani And Ors on 13 February, 2015

The aforesaid view has already been endorsed by a Division Bench of this Court Fauja Singh Vs. Pritam Singh 1993 (2) RRR 640, Jagga Singh Vs. Surjeet Singh and others 2000 (3) RSA No. 4451 of 2011(O&M) 15 RCR (Civil) 52 and Harjinder Singh Vs. Kesar Singh and others 2014 (2) PLR 188 wherein it has been held that remedy, if any, for the parties who were affected by the order passed by the revenue authorities was to challenge the order and not to invoke the jurisdiction of the civil court.
Punjab-Haryana High Court Cites 8 - Cited by 0 - A Rawal - Full Document

Amar Kaur & Ors vs Financial Commissioner Etc on 9 May, 2017

As regards the jurisdiction of the revenue Court for entertaining the application for partition in respect of nature of the land being Gairmumkin "Ruri", I am of the view that relevant finding of the Commissioner as noticed by the Financial Commissioner extracted above, the revenue record do not reflect the nature of the land to be Gairmumkin "Abadi" but Gairmumkin "Ruri". Since Gairmumkin "Ruri" land meant for keeping manure, therefore, there could not be expressed bar as provided under Section 158 of 1887 Act. The ratio decidendi culled out by this Court in Jagga Singh's case (supra) also deals with the aforementioned proposition.
Punjab-Haryana High Court Cites 3 - Cited by 0 - A Rawal - Full Document
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