Further 43(2) provided that any transfer or partition or any
agreement of transfer or any land or any interest therein, in contravention
of subsection ... reads thus:
"Any transfer or partition, or any agreement of transfer, or any land or
any interest therein in contravention of subsection
partition had taken place by way of a partition deed dated
28th May, 1999. According to Mr. Dave, by virtue of the
partition, the suit ... revenue entry mutated in the record of rights as regards
partition of the suit land, by itself, is not sufficient to believe
possession. Even mere
sale, gift, mortgage with
possession, exchange, lease, surrender or otherwise or partition and land
held by him". The different mode of transfer of immovable ... person, or any land held by any person ceases to
be exempted land and in consequence thereof the total land held by such
person exceeds
signature in that capacity in the partition deed. As per said
partition deed the agricultural land Survey No. 46/6 and
Survey ... admeasuring 00-37-12 Hector-
Are-Sq.Mtrs. By the said Partition Deed land bearing Survey
No.46/6/A of Village : Bhat of District
previous sanction of the Collector shall be
required, if the partition of the land is among the members of the
family who have direct blood ... legal heirs of
the tenant :
Provided further that the partition of the land as aforesaid shall
not be valid if it is made in contravention
meters of land out of the total area of the land
admeasuring 0.35.41 sq.meters bearing Survey No.1096/5.
(3) As the lands mentioned ... Civil
Procedure for effecting the partition. In this regard, for the
purpose of proceeding to partition the lands and obtaining
the necessary permission
Partition Act deals only with dwelling house. Section4 of the
Partition Act has nothing to do with an agricultural land.
4. Mr. Shah further ... agricultural land.
13. Although without there being any physical formal partition of an
undivided landed property, a cosharer cannot put a vendee in
possession
brothers namely Mangalabhai Revabhai,
Chinubhai Revabhai and Bhagwanbhai Revabhai. In this
partition, land being survey no.157/1, 177/2/2 and survey ... lands bearing survey no. 178/9, 250 paiki, 154/3
and 154/4 were came into the share of Chinubhai @
Chhaganbhai Revabhai and lands bearing
Vano and Savdas is grandfather of
defendants. There is undivided agriculture land and partition
is not done, but as per the family arrangement
family of the tenant to come upon
the land. The Apex Court held that tenanted land is
not allowed to be sublet ... heirs, who
would be entitled to claim partition of land, and not
others, having regard to the definition of `family' as
contained in Section
