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Lakhi Chowdhuri and ors. Vs. Akloo Jha and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 13Ind.Cas.123

the joint owners of an estate which is now in course of partition under the provisions of the Estates Partition Act of 1897. In the partition proceedings the first defendant put forward a claim that he was the tenant … had not been joined as a party and, secondly, that the suit was barred under the provisions of Section 25 of the Bengal Estates Partition Act.2. In respect of the first objection, the learned Judge held that … questioned by a suit in any Civil Court. An order under Section 45 or 46 is not one of the orders mentioned in Section 119.

Haran Chandra Saha and anr. Vs. Behari Lal Bhumia and ors.

Court : Kolkata

Subject : Tenancy

Reported in : AIR1928Cal560

had been given to show why he had not that power.4. According to the learned Judges Section 81, Estates Partition Act, 1897 distinctly gave him that power though, no doubt, it imposes the condition that it must be reasonably necessary

Brojonath Saha and ors. Vs. Dines Chandra Neogi and ors.

Court : Kolkata

Subject : Property

Reported in : 30Ind.Cas.418

is entitled to his costs of this appeal. Khamar lands, sale of, by one co-sharer to another - Estates Partition Act (V of 1897 B.C.) Sections 4, 99--Anomalaus burden--Sale with a condition--Butwara authorities, power of--Vendee's power. - … being so, the butwara authorities could not take notice of the interest they claimed in the land conveyed (Section 4 of Act V of 1897, B.C.). Our attention has been called to Section 99 of the Act. It

Kumar Kalanand Singh and anr. Vs. Kumar Kamalanand Singh and ors.

Court : Kolkata

Subject : Property

Reported in : 14Ind.Cas.225

of both Courts. Partition - Suit for declaration of extent of interest--Estates Partition Act (V B. C. of 1897), Section 4 Clauses (2), (4), Sections 5, 26, 27-'Interest in all land and undivided shares held by him,' meaning of--Party … proportion to the amount of Government revenue originally assessed on him is clear from Section 5 of the Estates Partition Act. It is not necessary for us in this case to consider whether the parties may or may not

Shah Tajammul Ali and anr. Vs. Mussod Ali and ors.

Court : Kolkata

Subject : Civil

Reported in : 5Ind.Cas.776

the defendant No. 1, applied to the Collector, under the provisions of Bengal Act V of 1897, the Estates Partition Act, to have a partition effected of the taluk, and obtained an order from the Collector elated the 15th … their costs from the plaintiffs and the defendant No. 2 in equal shares. Estates Partition Act (V.B.C. of 1897), Section 7 - Partition--Formal division by metes and bounds--Informal division--Jurisdiction of Collector to make partition. - … an early case Musammat Bibee Khoobun v. Wooma Churn Singh 3 C.L.R. 453, where it was observed that Civil Courts do not interfere with the

Anil Kumar Biswas and ors. Vs. Rash Mohan Saha and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1924Cal245,81Ind.Cas.29

into the question of the correctness of the orders passed in the partition proceedings.7. Section 119 of the Estates Partition Act (V of 1897) provides that no order made under certain sections and Chapters of the Act including Chap.

Girwardhary Singh Vs. Bachu Singh and ors.

Court : Kolkata

Subject : PropertyCivil

Reported in : 5Ind.Cas.454

was approved and in April of that year the proprietors came, in under Section 51 of the Bengal Estates Partition Act (1897) and applied to have the partition made by arbitrators three of whom were named.2. It appears that the … in Secretary of State for India in Council v. Fahamidannissa Begum 17 C. 590 (P.C.) : 17 I.A. 40, and to the numerous cases where Collectors have executed certificates where no arrears of revenue were due or

Priyanath Roy Vs. Sreedhar Chandra Roy and ors.

Court : Kolkata

Subject : Civil

Reported in : AIR1945Cal28

under appeal in the Court below, the plaintiff has applied for partition of the estate under the Bengal Estates Partition Act, 1897. This he did on 27th August 1941, and on 15th April 1942, the Collector apparently made an order … one-fourth. The main point taken before us is that the decree is incompetent or irregular by reason of Section 154, Civil P. C. This section runs:Where the decree is for the partition of an undivided estate assessed

Rai Baijnath Goenka Vs. Maharaja Sir Ravaneshwar Prasad Singh

Court : Mumbai

Subject : Civil

Reported in : (1922)24BOMLR974

the plaintiffs would have been entitled respectively if no partition had taken place, and Section 26 of the Estates Partition Act, 1897, was not in the decree complied with. Baijnath Goenka appealed from that decree to the High Court at … The questions as to what were such substituted shares were questions which arose within the meaning of Section 47 of the Code of Civil Procedure, 1908, between the parties and related to the execution and satisfaction of

Gurucharan Singh Vs. Kamla Singh and ors.

Court : Supreme Court of India

Subject : Property

Acts : Bihar Land Reforms Act, 1950 - Sections 2, 3, 4, 5, 6, 6(1) and 7; Code of Criminal Procedure (CrPC) - Sections 145

Reported in : AIR1977SC5; (1976)2SCC152; [1976]1SCR739

deed of partition Exhibit 4/a was not legally divestative of rights in view of the provisions of the Estates Partition Act, 1897. which, in his submission, empowered the Collector alone to partition the properties, which not having been done, the … has averred, in his pleading, dispossession of all the B-Schedule lands. The legal impact of this circumstance on Section 4(a) and the scheme of the Act has to be gauged, in the context of the relief claimed by