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
executed by the vendors, hence, the same establish of a private partition
having already taken place as on the date of execution of the sale ... deed by mentioning the specific boundaries and hence, claims that a private
partition had already taken place prior to the sale of land in favour
same was illegal and void. He pleaded further that a private
partition had already been effected amongst the co-sharers on 15.06.1980 and
the memorandum ... filing the suit by their act
and conduct?
5. Whether any private partition was effected between the co-
sharers on 15.6.1980 as alleged
shall be excluded from "Shamilat Deh". Petitioner asserts a
private partition amongst proprietors and her individual possession before
1950. The Jamabandis produced ... partition. However, parties are not
prohibited from entering into a private partition but the private partition has
to be reported to revenue authorities under Section
Shamilat Deh". Respondents No.3 to 7
assert a private partition amongst proprietors and their individual possession
7 of 13
::: Downloaded ... partition. However, parties are not prohibited from entering into a private
partition but the private partition has to be reported to revenue authorities
under Section
finding that the suit property was
in a state of private partition amongst the appellant and the
respondent No. 1(defendant No. 1), as such ... favour of three persons as joint owners
can admit of private partition without the said
6 CSA No. 37/2013
private partition getting reflected
testimonies of the witnesses
to buttress the plea of an oral private partition, no other evidence was
produced by the defendant No.1-appellant. Although ... owners of land can
privately partition their shares, the same has to be recorded in the revenue
record also. In case private partition had been
land already stood partitioned in the
year 1986 by way of private partition.
2.1 It appears that the learned Assistant Collector Ist Grade,
Kalayat, vide ... compact through other tubewells.
(vi) The plea that a private partition had
already been effected in this case is not tenable because
neither same
