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

Court : Kolkata

Subject : Civil

Reported in : 5Ind.Cas.776

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. - … 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

Syed Abdul Latif Meah Vs. Amanaddi Patwari

Court : Kolkata

Subject : Land Acquisition

Reported in : 9Ind.Cas.539

the plaintiff's patni is affected by the Collectorate Butwara and this turns upon whether Section 99 of the Estates Partition Act V of 1897 is applicable to the present case.7. Section 99 of the Act applies only to cases

Beas Singh and ors. Vs. Baldeo Pathak and ors.

Court : Chennai

Subject : Land Acquisition

Reported in : 109Ind.Cas.609

the decree had otherwise been sustainable.6. The principal question is whether, in view of the provisions of the Estates Partition Act the present suit can be maintained. The partition is complete and cannot be set aside without setting aside … 2 and 3, first party or any of the defendants have no right to get partition effected under Section 7 of the Partition Act V of 1897.3. The Collector's order, dated 27th September, 1921, is illegal, ultra vires

Sachindra Kumar Roy and ors. Vs. Nabendra Kishore Roy

Court : Kolkata

Subject : Property

Reported in : AIR1934Cal155

Kharija Taluk Gour Kishore Roy. The plaintiff applied to the Collector for partition of the estate under the Estates Partition Act (5 of 1897). To this the defendants objected on the ground of Section 7 of the Act, namely,

Bama Charan Kar and ors. Vs. Pyari Mohan Gantam and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 87Ind.Cas.581

abide the result.Greaves, J.18. I agree. Estates Partition Act (V B.C. of 1897), Sections 7, 83, 99 - Ejectmant suit--Tenure, existence of--Burden of proof--Private arrangement, … Kotalipara bore Touzi No. 4515 of the Faridpur Collectorate. This estate was partitioned by the Collector under the Estates Partition Act into 28 sahams, and each saham was formed into a separate estate bearing a separate number. The plaintiff … such a division formally made and agreed to by all the proprietors as would attract the operation of Section 7 of the Act, it has not been found that the estate was held, in fact, in common-tenancy so

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 … gone through. The statute is a protective fiscal armour, not a mono-rail for division among co-owners to travel, Section 7 makes it clear. Not that Courts have lost power to decree partition nor that co-owners have become impotent

Mt. Matangini Ghose and ors. Vs. Mt. Monmohini Ghose and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1928Cal41

Page, J.1. This appeal depends upon the true construction of Section 149, Estates Partition Act (8 of 1876), now Section 119 of Act Section 1897. Section 149 runs as follows:No order of a … Act, and it is the recorded proprietors whose names are to appear in the paper of partition (Section 77.)5. In my opinion the object of the Legislature in enacting Section 149 was to prohibit any attempt that

Nuri Miah Vs. Ambica Singh and anr.

Court : Kolkata

Subject : Land Acquisition

Reported in : 34Ind.Cas.869

been made by the Trial Court. The property was the subject of the proceeding for partition under the Estates Partition Act, 1897, instituted before the Collector on the 15th May 1909. The partition proceedings were completed on the 2nd September … proceedings were completed on the 2nd of December 1913, by reason of the issue of the notice under Section 92 of Estates Partition Act. The first decree in this suit, as I have already-mentioned, was on the … In that decree the defendants succeeded and it was not until the 7th of April 1914, when the District Judge's decision was given that the

Fatechand Mahesri and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Subject : FamilyProperty

Acts : West Bengal Estates Acquisition Act, 1954 - Sections 6 and 14(3); ;Hindu Law; ;General Clauses Act - Section 3(42)

Reported in : AIR1972Cal177,76CWN137

Hindu family is an intermediary within the meaning of the West Bengal Estates Acquisition Act, 1953.2. The plaintiff No. 1 Fatechand Mahesri is the father … April 1, 1955between the sons and grandsons ofFatchand, He, however pressed thealleged partition that took place between Fatechand and his sons, the plaintiffs Nos. 2, … individual or a person within the meaning of the word 'person' in Section 3(42) of the General Clauses Act. 1897. Under Section 3(42) 'person' includes a company or association or body of individuals whether incorporated or not. In … Sub-section (3), or in other words a coparcener cannot be held to be an intermediary.32. Sub-section (1) of Section 7 provides that arrears of land revenue, cesses, taxes and impositions due from any intermediary in respect of his

Neogendra Mohan Ray and anr. Vs. Pyari Mohan Saha and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1915Cal339,30Ind.Cas.420

by private arrangement, as is clear from an examination of Sections 5, 7, 63, 76 and 79 of the Estates Partition Act. This decision is … been assigned by private partition. Thereafter, on a partition of the entire estate by the Collector under the Estates Partition Act, these lands were allotted to the plaintiffs, but they were unable to obtain possession thereof, as the defendants … of dismissal made by the Subordinate Judge, and have contended that under Section 99 of Act V of 1897 B.C., the lands in their hands are not subject to the tenure set up by the defendants. In