Skip to main content

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title : Bhagwant Singh vs Financial Commissioner (Appeals) Punjab, Chandigarh, CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh

Date of Judgment/Order : 31.08.2022

Corum : Hon’ble Mr. Justice Sudhir Mittal

Background

A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings had been conducted behind their back. Thus, they filed CWP-12737-2008 for quashing of the sanad. The writ petition was disposed of with a direction to the petitioners therein to avail alternative remedy of revision provided by Section 16 of the Punjab Land Revenue Act, 1887. Accordingly, the revision was filed on 19.05.2009. This revision petition was, however, dismissed vide order dated 06.11.2017 resulting in filing of the present writ petition.

The petitioners has argued that as their name is in the records, they should have been impleaded in the partition application and that the partition proceedings are vitiated as all co-sharers were not made party.

One of the question before the court was whether, non-impleadment of the petitioners as parties in the partition application has resulted in vitiation of the proceedings? If so, was the defect curable by impleadment of the vendors of the petitioners?

Judgment

The court observed that the names of the petitioners are clearly recorded in the remarks column thereof as vendees. In the jamabandi for the year 1994-95, their names find mention as vendees in the column of cultivation. It is settled law that every co-sharer is owner of every inch of joint land. The petitioners had become co-sharers by virtue of the sales in their favour and were entitled to participate in proceedings for partition of the joint land and claim their right for allotment of specific khasra numbers based upon value and quality of land. Having been denied this opportunity, the partition proceedings stand vitiated as a whole. Partition proceedings are vitiated, even if, a single co-sharer is not made a party or is not served in accordance with law. Thus,  the partition proceedings stand vitiated, is answered in the affirmative.

Comments

Post a Comment

Most viewed this month

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.
Post a Comment
Read more

No Rebate For Stamp Duty Paid In Another State - Bombay HC

A three judge bench of the Hon'ble Bombay High Court (Bombay HC) in a recent judgment in the matter of Chief Controlling Revenue Authority, Maharashtra State, Pune and Superintendent of Stamp (Headquarters), Mumbai v Reliance Industries Limited, Mumbai and Reliance Petroleum Limited, Gujarat1 has held that orders in case of a scheme of arrangement under Section 391 to 394 of the Companies Act, 1956 (Act) involving different High Courts in multiple states, are separate instruments in themselves. Accordingly, stamp duty would be payable on all the orders (and consequently, all the states) without the benefit of remission, rebate or set-off.
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more