2023 CLC 430
Punjab Land Revenue Act ( XVII of 1967 ) --- ---- Ss.135 & 161 --- Application for partition --- Appeal --- Improvements / construction during pendency of appeal --- Scope --- Petitioner was aggrieved of the observation given by the Additional District Judge to the extent of allowing subsequent construction by the respondents on the property in dispute at their own risk and cost --- Validity --- Parties were co sharers and construction over the suit property was not disputed by them --- Only contention of the petitioner was that the respondents could not raise construction over the joint land as it was yet to be partitioned --- Final decree of partition had been passed by Assistant Commissioner , however , the decree had already been assailed through an appeal under S. 161 of the Punjab Land Revenue Act , 1967 --- Right of petitioner had already been safeguarded --- In case the appeal filed in revenue hierarchy was decided in favour of petitioner , then the respondents would not be able to claim any compensation for the construction or improvements made by them on the spot --- Constitutional petition was dismissed .
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