revenue authority for partition of the land and for a situation where the parties effect partition privately. A further reading of Section ... only when the partition order has been passed and partition has not been effected in terms of instrument of partition. In fact, the said case
arranged between the parties at the time that the private partition would be subsequently affirmed by a decree of Court and that meanwhile the parties ... distinction that although there cannot be a partial partition by a suit, partial partition by private arrangement is allowable. The cases of Hari Das Sanyal
that, even before that date, he was in possession under a private partition. The lands in suit formed part of that estate. Sunder Sahay died ... batwara partition took place Sunder Sahay held the proprietary interest by private partition, which would account for the fast that the letter of the 19th
practice that family partition or a mutual partition is an accepted
form and method of partition. Only because implementation of family
partition is not recorded ... parties to the partition will
not be relegated to their pre partition status. Such a family partition
or private partition can also be proved
deals with the 'partition' of agricultural land through the
intervention of Court and also recognizes partition effected
privately by the co-sharers ... sharer because the land was already
privately partitioned. The issue was with regard to the
recognition of private partition about which this Court has
held
prior to 1940. It is further contended that as per the
private partition, the land, as entered against Khewat
Khatauni No. 4/4, Kitta ... 2017 21:28:51 :::HCHP
3
Consequent upon the private partition, the defendants
have been recorded in separate possession of this land and
the plaintiffs
revenue
authority for the partition of the land and for a situation
where the parties effect partition privately. A further
reading of section ... that, in fact, partition
has been made. Therefore, non-affirmation of partition by
the revenue officer will not render a private partition
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partition. Section 123 of the Punjab Land Revenue
Act, 1887 is relevant in this case, as it provides about affirmation of partition
privately effected ... order affirming the partition".
32. It is only after the affirmation by the concerned Revenue Officer
of the partition effected privately
partition. Section 123 of the Punjab Land Revenue
Act, 1887 is relevant in this case, as it provides about affirmation of partition
privately effected ... order affirming the partition".
32. It is only after the affirmation by the concerned Revenue Officer
of the partition effected privately
Officer for
partition of his share in the land. But, if the written
application is not made and the partition is effected privately
between ... private
partition/family arrangement allegedly arrived interse parties
and as such partition, if any, arrived interse parties in the
year 1981 is no partition
