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  • provisions of the Punjab Land Revenue Act
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Smart Summary

Factual and Procedural Background

The plaintiffs sought a declaration that they were exclusive owners of 61 kanals 10 marlas of agricultural land and that certain sale deeds executed by the defendants were illegal against their rights. They also sought an injunction against interference with their possession. [1]

The trial court held that the plaintiffs were not exclusive owners and decided the issues concerning the validity of the sales and injunction against them. The first appellate court affirmed those findings and dismissed the appeal. A second appeal was initially dismissed by the High Court on September 14, 1982. After the Supreme Court permitted the appellants to seek review on the ground that some issues had not been considered, the review was allowed on November 24, 1988, and the second appeal was reheard. [1]

Legal Issues Presented

  1. Whether the plaintiffs became exclusive owners of the disputed land through the alleged family partition or arrangement. [1]
  2. Whether the disputed sale deeds were null and void against the plaintiffs’ rights. [1]
  3. Whether the plaintiffs were entitled to a permanent injunction against interference with their possession. [1]

Arguments of the Parties

Appellants' Arguments

  • The appellants argued that Exhibit P.5 was a binding family arrangement and that the parties could not resile from it after taking advantage under the arrangement. [1]

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court held that, even assuming Exhibit P.5 was a family arrangement rather than a partition, the revenue records did not establish the plaintiffs’ exclusive ownership. The records showed Brahma Nand and Rama Nand or their heirs as joint owners, while cultivation by one co-sharer was recorded only in that capacity. Possession by one co-sharer was therefore possession on behalf of all co-sharers and did not constitute ouster of the others. [1]

The Court explained that agricultural land could be partitioned through a registered document followed by appropriate mutation and separation of the khata, or through recognition and implementation of a private partition by the revenue authorities under the Punjab Land Revenue Act. The revenue records in this case showed only possession by one co-sharer and did not support an inference of partition. [1]

The Court agreed that Exhibit P.5 effected a present partition rather than recording a past family settlement. It therefore required compulsory registration and could not be relied upon for want of stamp and registration. It could be considered only to determine the nature of possession, which remained possession as a co-sharer rather than as exclusive owner. [1]

The Court also noted that Parsanni was entitled to a one-fourth share but was not allotted any share under Exhibit P.5. Her attestation consequently did not amount to surrender of her rights, further preventing the document from being treated as an enforceable family arrangement. [1]

Holding and Implications

Appeal dismissed. The plaintiffs were not held to be exclusive owners, and the challenged sales and injunction claim consequently failed. The parties were directed to bear their own costs. [1]

The direct effect was that the parties continued as joint owners until partition was carried out in accordance with the Punjab Land Revenue Act. No broader implications were stated in the opinion, and no new precedent was set. [1]

    Chander Shekhar And Ors. v. Des Raj And Ors.

    G.R. Majithia, J. - This regular second appeal is directed against the judgment and decree of the first appellate Courtl, Jind who on appealed that of the trial Judge at the instance of the unsuccessful plaintiffs. 2. The appeal initially came up or for hearing before P.C. Jain, J.(as he then was) who dismissed the same on September 14,1982. The appellants went up in appeal before the apex Court and it was urged that some of the points which were agitated before the High Court were not dealt with by the learned Judge. The appellants wire permitted to file the review petition, which was filed on October 10, 1988 and by an order dated November 24, 1988, the review petition, was allowed by a Division Bench of this Court and the appeal has been listed for hearing before me. 3. The parties have been referred to in the body of the judgment as they were described in the plaint. 4. The plaintiffs came to the Court for a declaration to the effect that they were the exclusive owner of the agricultural land measuring 61 kanals 10 marlas comprised in Khasra Nos. 1372 and 1373 situate in the revenue estate of Narwana and the alienations made through sale-deeds dated August 2, 1966, August 10, 1966. August 12, 1966 by defendants 1 to 3 in favour of Sodagar by defendant No. 5 in favour of Sodagar by Puran defendant, in favour of defendants 6 and 7, and Surjit Kaur widow of Sodagar in favour of defendants 1.7 and 18, respectively, went vide and illegal qua the right of the plaintiffs. As a consequential relief, injunction was sought restraining the defendants from interfering In the possession of the plaintiffs. 5. Bansi Lal was the common ancestor of the parties. He had two sons, namely Brahma Nand and Rama Nand. Complete genealogy of the parties as set out in the plaint is as under: 6. Defendants 10, 10 A to 10F, 11, 12, 13, 14, 15, 16 and 26 to 28 were from the branch of Brahma Nand while defendants No. 1 to 4 and 8 and 9 were from the branch of Rama Nand. These two brothers Rama Nand and Brahm Nand owned 570 Bighas of land which was partitioned by a family partition on Phagun Sudhi 3 Samat 1980 BK. A writing was executed and was signed by Brahma Nand, Nihalu son of Rama Nand, Parsanni, widow of Gangaman son of Rama Nand. In accordance with this partition/family settlement, the parties remained in, possession of their respective shares. They improved the land. The Land measuring 37 bighas Kham comprised in Khasra Nos. 1078 and 1083 in the revenue estate of Narwana situate behind the tehsil and police station, Narwana known as Tibbi came to the share of plaintiffs. 1, and 2 and they have been in possession thereof ever since partition in 1980 BK. During consolidation, Field Nos. 1372, 1373 were carved out and allotted to the plaintiffs in lieu of Field Nos. 1079 and 1083. The Land was initially barani and was not cultivated. The sales effected by the co-sharers were invalid because they had no right to sell it. 7. Joint written statement was filed by Des Raj, Ram Kumar, Krishan Kumar and Parsanni. The correctness of the pedigree table as given in the plaint was not disputed. However, it was denied that the disputed land was ever partitioned between the co-sharers. 8. From the pleadings of the parties, following issues were framed :- (1) Whether the plaintiffs are exclusive owners of the land in suit due to family partition ? OPP. (2) Whether the plaint does not contain authorised amendments and if so to what effect ? OPP. (3) Whether the sales in dispute are null and void ? OPP. (4) Whether the plaintiffs are entitled for the injunction prayed for ? OPP. (5) Whether the plaint, is properly valued for the purposes of court fee and jurisdiction ? OPP. (6) Relief. 9. Under issue No 1 it was found that the plaintiffs were not the exclusive owners of the land in suit. Issues Nos 3 and 4 were found against the plaintiffs by the trial Judge. In the first appeal, the findings recorded, under issues Nos. 1, 3 and 4 were assailed. The learned lower appellate Court on appraisal of the evidence held that the document Exhibit P. 5 was not a family settlement but was a partition deed. It was not a memorandum of a past transaction, but partition in present was effected under this document, and, thus was inadmissible in evidence for want of registration although it could be used to show the nature of possession of the parties. It was further held that the revenue record did not show that the plaintiffs were in exclusive possession of the land. The findings arrived at by the learned trial Judge under issues 1, 3 and 4 were affirmed. Resultantly the appeal was dismissed. The unsuccessful plaintiffs have come up in second appeal. 10. The learned counsel for the appellants submitted that Exhibit P. 5 was a family arrangement binding on the parties and they could not be permitted to resile from the arrangement after having taken advantage under it. The submission of the learned counsel has to be examined in the light of the evidence brought on record. Assuming that the writing. Exhibit P. 5 is a family arrangement and not a partition and the possession of the parties is reflected in the revenue records according to this document, it does not advance the case of the plaintiffs. In the record of rights Exhibits P. 11, P. 21, P. 22, P. 23 and P. 24 both the brothers, namely, Brahma Nand and Rama Nand or their heirs are recorded as owners although in the column of cultivation only Brahma Nand is recorded as in cultivating possession but as a co-sharer. Had the partition been effected as alleged then these two field numbers, which are in dispute, Would have been shown in the exclusive ownership of Brahma Nand or his progeny. Possession of a co-sharer will be deemed to be for and on behalf of other co-sharers. Possession of one co-sharer will not amount to ouster or denunciation of the title of the other co-sharers. The entries in the record of rights do not vouchsafe the assertion of the learned counsel. The family arrangement was never given effect to in the record of rights. Agricultural land can be partitioned either by registered document which is given effect to in the revenue records on getting mutation entered and khata separated, or by getting it implemented by moving the revenue authorities for recognising the family settlement and to give effects to the same in accordance with the provisions of sections 111 to 121 of the Punjab Land Revenue Act (for short "the Act"). Section 123 of the Act provides that where a family partition has been made any of the parties to the partition can move the revenue officer for affirming the partition. The revenue officer, on a motion so made to him by any of the parties, shall proceed under sections 119 to 122 of the Act. If the private partition is accepted by a revenue authority, only thereafter the khatas are separated and instated of showing as joint owners, they are shown as exclusive owners in different khatas with different khasra numbers. In the present case, the revenue record only indicates that one brother is in possession of some Khasra numbers as a co-sharer. From this, an inference of partition cannot deducted. It may be a hard case for the plaintiffs that they have been in possession of the land in dispute for a long, but it cannot make them exclusive owner of the land in dispute. They will continue to be joint owners till the land is partitioned in accordance with the provisions of the Punjab Land Revenue Act as stated supra. 11. The learned first appellate Court referred to the document (Ex. P. 5) and correctly came to the conclusion that it did not recite a past transaction but the partition was effected in present under this document. He further found that Parsanni widow of Gangaman, was entitled to 1/4th share in the property. She was not given any share or any specific share of any land under this document. Her attestation will not amount to surrendering of her right in the property. Since no share was given to her under this document, it cannot be acted upon as a family arrangements and it could only be treated as partition. I agree with the conclusions arrived at by the learned Judge. I have gone through the document (Ex. P. 5). It does not evidence any past transaction. It evidences partition which was effected on the day on which the deed was executed and this required compulsory registration and it cannot be looked into for want of stamp and registration. It could only be looked into to determine the nature of the possession of the parties, which as stated above, was only as a co-sharer and not as an exclusive owner. 12. For the reasons recorded above, this appeal is dismissed. However, I leave the parties to bear their own costs.

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    Comments

    Chander Shekhar And Ors. v. Des Raj And Ors.
    (Apr 12, 1989)