AIR 1954 SUPREME COURT 575

Supreme Court Of India

(From Lahore)

Hon'ble Judge(s): S. R. Das, Ghulam Hasan, B. Jagannadhadas , JJJ

(A) Wajib-ul- arz - Agreements entered in - Binding effect. The entry regarding agreement in a Wajib-ul- arz holds good during the period of the settlement in which it is made and become inoperative when the settlement has come to an end.(Para 20) (B) Co-owners - Partition - Right to. Partition is a right incident to the ownership of property and once the parties are held as co-owner, their right to partition cannot be resisted.(Para 21) (C) Adverse possession - Co-owners. Limitation Act (9 of 1908) , Art.144— No question of adverse possession arises we are the possession is held under an arrangement between the co-shares.(Para 22) Anno : Lim. Act. Art 144 N. 35. (D) Punjab Land Revenue Act (17 of 1887) , S.31, S.44— Jamabandi entries - Authenticity. The entries in Jamabandies fall within the purview of the record of rights under S. 31 and are to be presumed to be true under S. 44 until the contrary is proved.(Para 20) .....