Urban Partition Act 2012

THE PUNJAB PARTITION OF IMMOVABLE PROPERTY ACT 2012

 (Act IV of 2013)

C O N T E N T S

SECTION                                HEADING

      1.           Short title, extent and commencement.

   2.           Limitation on scope.

 3.           Definitions. 

     4.           Suit for partition of immovable property. 

      5.           Appearance of defendants and consequence of non-appearance.       6.           Written statement.

  7.           Mesne profits pending adjudication. 

  8.           Question of title or share.

  9.           Appointment of referee for partition.

10.          Internal auction.

  11.          Open auction.

  12.          Mesne profits.

 13.          Private settlement.

  14.          Time limit for disposal of the suit.

 15.          Application of Act V of 1908.

 16.          Instructions of High Court.

 17.          Repeal.

 [1]THE PUNJAB PARTITION OF IMMOVABLE PROPERTY ACT 2012

(Act IV of 2013)

[5 January 2013]

 

An Act to amend and reform the law relating to

partition of immovable property.

 

Preamble.– Whereas it is expedient to amend and reform the law relating to expeditious partition of immovable property and to provide for ancillary matters;

      It is enacted as follows:-

 

1.   Short title, extent and commencement.– (1) This Act may be cited as the Punjab Partition of Immovable Property Act 2012.

      (2)  It shall extend to whole of the Punjab.

      (3)  It shall come into force at once.

 

2.   Limitation on scope.– Nothing contained in this Act shall be deemed to affect any law providing for the partition of agricultural land or land subservient to agriculture.

 

3.   Definitions.– (1) In this Act–

       (a)  “Code” means the Code of Civil Procedure, 1908 (V of 1908);

       (b)  “Court” means the Court of original civil jurisdiction competent to entertain and decide suits for partition of immovable property;

       (c)  “immovable property” means an immovable property, other than agricultural land or land subservient to agriculture, jointly owned by two or more persons;

       (d)  “internal auction” means the auction of the immovable property amongst the co-owners of the property in which at least two co-owners are eligible to participate; and

       (e)  “mesne profits” means the approximate rental benefit which the co-owner in possession of the immovable property gains to the exclusion of any other co-owner during the pendency of the suit under the Act.

      (2)  An expression used in the Act but not defined shall mean the same as in the Code.

4.   Suit for partition of immovable property.– An owner of immovable property may file a suit for partition of the property, giving details of the property, citing all other co-owners as defendants and attaching all the relevant documents in his reach or possession.

 

5.   Appearance of defendants and consequence of non-appearance.– (1) The Court shall issue notice to the defendants for appearance on a date, not later than ten days, through the process serving agency and registered post or courier service and, where possible, also through electronic and telecommunication means.

      (2)  Copies of the plaint and the documents annexed with the plaint shall be attached with the notice under subsection (1) served through the process serving agency and sent by registered post or courier.

      (3)  If a defendant fails to appear and the Court is satisfied that the notice has not been served on the defendant or the defendant is willfully avoiding the service of the notice, the Court may direct service of the notice by–

             (i)   affixing a copy of the notice at some conspicuous part of the residence of the defendant; or

             (ii)   publication in the press, electronic media or any other mode.

      (4)  If the defendant fails to appear on the date fixed and the Court is satisfied that the notice had been duly served, it may proceed ex-parte against such defendant.

      (5)  If an ex-parte order is passed against a defendant, he may, within fifteen days from the date of knowledge, apply to the Court for setting aside the ex-parte order and shall submit along with the application the written statement and attach with such written statement copies of all the relevant documents in his reach or possession.

      (6)  If the defendant submits the written statement and shows sufficient cause for his non appearance, the Court may set aside the ex-parte order on such terms as it may deem fit.

 

6.   Written statement.– (1) Subject to section 5, a defendant in a suit for partition of immovable property shall file the written statement within thirty days of his first appearance in the Court and shall attach with the written statement copies of all the relevant documents in his reach or possession.

      (2)  If a defendant fails to file the written statement within the period mentioned in subsection (1), the Court shall strike off his defence and in that event he shall not be entitled to lead any evidence.

 

7.   Mesne profits pending adjudication.– (1) On the first date of hearing or as soon as thereafter, the Court may, pending adjudication of the suit, direct the co-owner, in possession of the immovable property, to deposit, either on monthly or quarterly basis, such interim mesne profits in the Court as it may determine on account of share of a co-owner not in possession of the property.

      (2)  If an order under subsection (1) is passed, the co-owner in possession of the property shall deposit the amount on or before the date fixed by the Court and, in the absence of any such order, on or before 15th of the month or the first month of the quarter for which the amount is due.

      (3)  If the co-owner fails to deposit the amount under this section within the time specified under subsection (2), the Court shall–

             (a)  in case he is plaintiff, dismiss his suit; and

             (b)  in case he is defendant, strike off his defence and in that event, he shall not be entitled to lead any evidence.

 

8.   Question of title or share.– (1) When there is a dispute as to the title or share in the immovable property, the Court shall decide such question before proceeding further in the suit under this Act.

      (2)  The determination of a question of title or share of the immovable property by the Court under subsection (1) shall be deemed to be a decree in terms of the Code.

 

9.   Appointment of referee for partition.– (1) If all the co-owners agree in writing on partition of the immovable property through appointment of a referee, the Court shall appoint a referee for partition of the property within such specified or extended time as the Court deems appropriate.

      (2)  Subject to the restrictions imposed under any law governing town planning, the referee shall decide whether the immovable property is partible and if so, the referee shall propose partition of the immovable property.

      (3)  [2][* * * * * * *]

      (4)  The referee may, with the written consent of two or more co-owners of the immovable property, combine the shares of such co-owners in the proposal of partition.

      (5)  The Court shall affirm the proposal of the referee for partition of the immovable property through decree unless the Court is satisfied that the proposal is in contravention of any law.

      (6)  The Court may fix the fee of the referee to be paid by the co-owners according to their respective shares in the immovable property.

 

10.    Internal auction.– (1) If on the date fixed by the Court for the purpose, the co-owners fail to submit written agreement about the partition of the immovable property through appointment of a referee or the referee is of opinion that the property is not partible or the Court finds that the proposal of the referee is in contravention of any law, the Court shall determine the reserve price of the immovable property and direct sale of the property through internal auction on the next date of hearing.

         (2)  The Court shall require the co-owners to be present in person or through their authorized agents on the date of internal auction.

         (3)  The internal auction shall be conducted in the Court and the Court shall maintain record of internal auction which shall form part of the suit.

         (4)  Any two or more co-owners of the immovable property may submit their written offers or counter written offers until one of them makes the highest written offer.

         (5)  The Court shall declare the highest bidder as auction purchaser in internal auction and direct the auction purchaser to deposit the auction price within fifteen days of the auction but the auction purchaser may deduct from the auction price to be deposited such amount as equals his share in the immovable property.

         (6)  If the auction purchaser deposits the auction price under subsection (5) within the prescribed time, the Court shall confirm the sale, put the auction purchaser in possession of the property and distribute the auction price amongst the other co-owners according to their respective shares.

         (7)  If the auction purchaser fails to deposit the auction price under subsection (5) within the prescribed time, the Court shall fix another date for internal auction but such auction purchaser shall not participate in the subsequent internal auctions.

         (8)  The second or subsequent internal auction shall be held, as far as possible, in accordance with the procedure contained in this section for the first internal auction.

 

11.    Open auction.– (1) If the co-owners refuse to participate in the internal auction or only one co-owner shows his willingness to participate in such auction or the internal auction under section 10 has failed, the Court shall fix the reserve price of the immovable property and direct open auction of the property.

         (2)  A co-owner of the immovable property may participate in the open auction of the property.

         (3)  The Court shall appoint a court auctioneer for conducting the open auction and fix fee of the court auctioneer to be paid by the co-owners in proportion to their respective shares in the immovable property.

         (4)  The court auctioneer shall submit in the Court an auction plan in the form of a public notice which shall include detailed specifications of the immovable property, the time, date and place of open auction, and the amount of bid security for participating in the open auction, and the Court may approve the auction plan with or without modification and direct its publication in such manner as it deems appropriate.

         (5)  The court auctioneer shall conduct open auction under the auction plan approved and published by the Court and direct the highest bidder to deposit–

                (a)  earnest money equal to twenty per cent of the bid price immediately on the close of bidding; and

                (b)  the remaining amount of the bid price in the court within seven days.

         (6)  The court auctioneer shall maintain the record of the auction proceedings and return the bid security to unsuccessful bidders but shall adjust the bid security of the highest bidder in the bid price.

         (7)  The court auctioneer may, in an appropriate case, accept deposit under clause (a) of subsection (5) in the form of cash, crossed cheque, demand draft or banker’s cheque against a receipt.

         (8)  The court auctioneer shall, immediately after conclusion the auction, deposit in the Court the auction price collected by him along with the auction report.

         (9)  If the highest bidder deposits the auction price under subsection (5), the Court shall confirm the sale, put the highest bidder in possession of the property and distribute the auction price amongst the co-owners according to their respective shares.

         (10)   If the highest bidder fails to deposit the auction price under subsection (5), the amount deposited by him shall stand forfeited and the immovable property shall be put to open auction again, as far as possible, in accordance with the procedure contained in this section.

 

12.    Mesne profits.– (1) Subject to sections 10 and 13, the Court may, at the time of final settlement, award mesne profits to a co-owner not in possession of the joint immovable property by deducting the same from the share of the co-owner in possession of the property or by directing the co-owner in possession of the property to pay the same to the co-owner not in possession of the property.

         (2)  The Court shall, while awarding mesne profits under subsection (1), take into account the interim mesne profits deposited under section 7.

 

13.    Private settlement.–(1) All the co-owners of the immovable property may, at any stage of the proceedings before the date of open auction of the property, submit a private settlement in the Court.     (2)  If the co-owners submit the private settlement under subsection (1), the Court shall pronounce judgment and decree in terms of the private settlement and cancel the order of open auction if already passed.

14.    Time limit for disposal of the suit.– (1) The Court shall finally dispose of the suit under this Act within six months from the date of the institution of the suit, failing which, the Court shall submit the case to the District Judge, with cogent reasons, seeking extension of time for disposal of the suit.

(2)  The District Judge may, subject to such conditions as he deems appropriate to impose, grant extension in time to dispose of the suit taking into consideration the facts and circumstances of the case.

15.    Application of Act V of 1908.– Subject to this Act, the provisions of the Code shall apply to any proceedings under this Act.

16.    Instructions of High Court.– The Lahore High Court may issue instructions necessary for purposes of the Act.

17.    Repeal.– (1) The Partition Act, 1893 (IV of 1893) is hereby repealed.

  (2)  Notwithstanding the repeal of the Partition Act, 1893 (IV of 1893) and without prejudice to any previous proceedings in a suit, the suit for partition of immovable property pending in any court under the repealed Act shall be proceeded with and decided by the Court in accordance with the provisions of this Act.[

1]This Act was passed by the Punjab Assembly on 27 December 2012; assented to by the Governor of the Punjab on 3 January 2013; and, was published in the Punjab Gazette (Extraordinary), dated 5 January 2013, pages 1961-65.

[2]The following subsection (3) omitted by the Punjab Partition of Immovable Property (Amendment) Act 2015 (X of 2015):“

(3) Notwithstanding anything in subsection (1) but subject to subsection (2), the Court may, on an application of one or more co-owners who desires his or their shares in the immovable property partitioned, appoint a referee who shall determine whether such share or shares is partible and if so, he shall propose partition of the property to that extent.”

Partition of Land:

                                   

                    Partition of Land. 

(S.135) 

   Where agricultural land is under joint holding and joint owners want to have separate shares, they may apply for partition of their share in the 

WHO CAN APPLY?

a) at the date of the application the share is recorded under Chapter VI as belonging to

him; or

(b) his right to the share has been established by a decree which is still subsisting at the

date; or

(c) a written acknowledgment of that right has been executed by all persons interested

in the admission or denial thereof

 Jurisdiction of the Revenue Officer.

1-The land belonging to agriculture only.

2-Village site, structure, or area included in town is not subject of Land Revenue Act,1967.

(S.136)   Restriction and limitation: 

Exclusion from Partition. (136)

 

A.Places of worship .

B. Burial grounds held in common before partition shall

continue to be so held after partition; and

C.any embankment,

D.water-course,

E. Well or tank and

F. Any land on which the supply of water to any such work may depend;

G. Any grazing ground;

H. Any land which is occupied as the site of a town or village, may be refused.

    Reason.

                 If he partition of such property is likely to

1-cause inconvenience to the co-sharers or other persons directly or indirectly

interested therein, or

2- to diminish the utility thereof to those persons.

 

(137. )   Procedure to be adpoted

Notice of application for partition.– Firstly, The Revenue Officer Shall see,

1- It is not against the provisions of the West Pakistan Land Reforms Regulation, 1959 (Martial Law Regulation No. 64),]

2- Not open to objection on the face of it,

 

 

 

Further Procedings:- 

(a) Issuance  of notice of the application for hearing to the  parties.

(b) Notice to the  co-sharers recorded in the Record of rights

as have not joined in the application; 

(c) Issue notice to be served on or proclaimed for the information of any other persons whom he may deem                 to be directly or indirectly interested in the application

 

                                              Addition of the Parties.  (138)

On the day of hearing Revenue Officer shall:- 

1-ascertain whether any other co-sharer desires to join partition and if so, Revenue Officer shall add his name as applicant in partition.

139=

1-R.O.shall Examine the co-sharers and other persons as may be present on that day,

2-There must be good and sufficient cause,

3-R.O. may reject or allow the partition.

4-Revenue Officer shall record the grounds of such rejection.

     Admission of application:

The Revenue Officer shall:

1. Ascertain the questions as to the title in the property for which partition is applied.

2. How the property is divided and what shall be the mode of partition.

      Determining the question as to title: 

Modes to decide the title of the land under partition:

 

1-The Revenue Officer may decline to grant the application for partition until

the question has been determined by a competent Court.

2-He may himself proceed to determine the question as  Civil  Court.

             Further Procedure by R.O.

1-If R.O. may not himself proceed to decide the question of title, them require the party to institute a civil suit not exceeding ninety days from the date of his order.

2-He may  fix time for obtaining a decision regarding the question.

3-If  a civil suit by the party requires is filed within the specified period,

4-The Revenue Officer shall suspend further action on the application for partition till

the said civil suit is decided by the Court and a copy of the Court’s order is produced before

him.

5-the party so required fails to file a suit within the specified period, the

Revenue Officer may proceed with the partition and decide the question of title himself.

        Rules of Procedure for R.O.

to determine the question,

 a) the Revenue Court has jurisdiction over the Question of Title.

b) the Revenue Officer shall proceed as a Revenue Court under the lex lata.

b) If the question is one over which a Civil Court has jurisdiction, the procedure of

the Revenue Officer shall be as that of  a Civil Court, and he shall record a judgement and a decree containing the particulars required by the Code of Civil Procedure 1908 (Act V of 1908), to be specified therein.

(c) An appeal shall lie from the decree of the Revenue Officer under CPC.

(d) The Appellate Court, may issue an injunction to the Revenue Officer requiring him to stay proceedings pending the disposal of the appeal.

(e) From the appellate decree of a District Court upon such an appeal,

(f) a further appeal shall lie to the High Court, if such further appeal is allowed by the law for the time being in force.

 

Other Questions of  the Property.142.

 

(1) Other Question as to the property to be divided, or

 2-  The mode of making a partition,

3-the Revenue Officer shall  make inquiry 

4-record an order stating his decision on the question with reasons for the decision.

5- An appeal may be preferred within thirty days from the date thereof,.

6- When  appeal is preferred & certified to by the Appellate Authority.

7-The Revenue Officer shall stay further proceedings pending the disposal of the appeal.

8-If an applicant for partition is dissatisfied with an original or appellate order but applies for permission to withdraw , shall be permitted .

9- The Revenue Officer may continue  the partition of the shares of other applicants if they desire.

 

143.   Administration of property excluded from partition.

1- property  referred to in clause (b) of section 136 (see Supra) is excluded from partition,

2- the Revenue Officer may determine the use thereof,

3- the proportion of expenditure incurred thereon .

4-  profit derived therefrom .

5- Mode of Expenditures borne and profits divided among the sharers.

 

 

144.

Distribution of revenue and rent after partition.

 

(1) The amount of revenue to be paid by each holdings  shall be determined by the Revenue Officer .

(2) The decision of the Revenue Officer  as to the revenue  shall be deemed to be an order under sub-section (1) of section 67.

(3) Where new estates have been created at a partition and the land-revenue has

been fraudulently or erroneously distributed among them, the Board of Revenue may, within

twelve years from the time of discovery of the fraud or error, order a new distribution of the

land revenue among the several estates, on an estimate of the assets of each estate at the time

of the partition to be made conformably to the best evidence and information procurable

respecting the same

 

 

 Instrument of partition (145,146)

1- R.O. shall prepare Instrument of Partition after conclusion of proceedings.

2- Records the date of so effect.

3-Revenue Officer shall give possession to the parties concerned.

4-If any application is made within three years of such partition, he shall give effect to it.

5-If application is not made within three years after partition, then right of Revenue Officer shall come to an end as to hear any objection.

8- Re-distribution if custom allows and application is made to revenue Officer Grade-1.(149)

 

147. 

Affirmation of Private Partition.

 

1-If partition may be made without the intervention of a Revenue Officer.

2-Any party thereto may apply to a Revenue Officer for an order affirming the partition.

3- The Revenue Officer shall enquire into the case.

4- If he finds that the partition has in fact been made, he may make an order affirming it .

5- R.O. shall proceed under sections 143, 144, 145 and 146, as the case may be.

6-He Shall proceed as the partition had been made himself under this Chapter.

 

Modern Forensic Science

                     

         Modern  Forensic Science

         Forensic science  pivots upon  of two different Latin words: forensis and science. The  forensis, about discussion  in public. Because trials in the ancient world were typically held in public.

 The second is science, which is derived from the Latin word for 'knowledge' and is today closely tied to the scientific method of acquiring knowledge. 

   Forensic science means the use of the scientific methods and processes for crime solving .

Criminalistics is named as Forensic science . Application of science to criminal and civil laws  to bolster the Physical Evidence.

 * Criminal Cases—during criminal investigation, as governed by the legal standards of admissible evidence and criminal procedure. Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation.

Forensic Medicine........Kinds..

• Forensic Pathology.           Forensic pathology deals with the study of the cause and manner of death by examination of a dead body during the medicolegal investigation of criminal lawand civil law cases in some jurisdictions.
• Clinical Forensic Medicine. ...A branch of forensic medicine that involves an evaluation and interpretation of injuries and illness in living individuals. 
• Forensic Toxicology. ...An interdisciplinary field applying the methods of analytical chemistry, pharmacology, and toxicology to the analysis and interpretation of drugs and chemicals in biological samples for legal purposes
• Forensic Serology. ... Science of Forensic Material Evidence or Forensic Physical Evidence, is the application of biology to law enforcement.
• Forensic Psychiatry. ...Involves both psychology and psychiatry science in relation to the law and legal system. It studies, evaluates, and identifies mentally-related illnesses and human behavior to obtain legal evidence.
• Forensic Anthropology....Application of the science of physical anthropology and human osteology (the study of the human skeleton) in criminal cases where the victim's remains are decomposed, burned, mutilated, or otherwise unrecognizable. Forensic anthropologists can assist in the recovery of remains, assess age, race, sex, stature, ancestry, and analyze trauma and disease of human remains of crime and natural disasters.                                                                                                                      Forensic science is  focused on the justice system. There are a host of forensic science disciplines, including:
• DNA analysts
• Forensic toxicologists
• Forensic entomology
• Forensic anthropologists
• Forensic odontologists
• Forensic botanists
• Forensic geologists
• Medical examiners
• Coroners
• Forensic pathologists
• Trace evidence analysts
• Fingerprint examiners
• Questioned documents analysts
• Forensic autopsy technicians

  1-Forensic science is to apply Scientific theories upon matters of law to grab the culprits.

2-Forensics science is beneficial to bring the criminals to face the music of law by investigation using modern technology to understand and preserve the a crime scene.

3-Every serial of the crime scene is analyzed to find the smallest part of evidence.

4-Forensic science can help investigators to know how blood spatter patterns occur.

5.It enable investigation agency to gain information germane to presentia of culprits at the crime scene.

6-It makes easy to know the Time, Date, circumstantial evidence and who abetted and who committed the crime.

7- Forensic science is now essential part of the justice system for providing scientific facts of permissible evidence.

8-In a typical crime scene investigation, material evidence will be gathered by the investigators.

Then the forensic scientists will analyze this evidence to provide a scientific based evidence to be presented in court.

Each type of material evidence must be collected in a different fashion to ensure that the evidence remains as intact and un-contaminated as possible. for example: Blood that is in liquid pools should be collected on gauze pads or sterile cotton and allowed to air dry. Then it should be refrigerated.

At he standard crime scene, photographs will be taken of everything before collection. Larger pieces of evidence will be removed first, such as a computer, or clothing. The ground should be vacuumed any find trace evidence. There are a number different classification for evidence in forensic science. Circumstantial evidence is

       P L D 2021 Supreme  Court  362

Law:-Art. 164 Qanun-e-Shahadat  (10  of  1984

1.Importance  of  modern  forensic  techniques. 

2.Science  and the  criminal justice  system. 

3.Importance  and  admissibility  of DNA evidence  to  establish  the  guilt  or  innocence  of an  accused.-Concept  of  DNA  evidence  as  the strongest  corroborative  piece  of  evidence  explained.

DNA evidence/report,  Per-se  admissibility---Meaning---Requirement of  examining  the  expert  who prepared  the  DNA report  explained.

Under  section 9  of  the  Punjab  Forensic  Science Agency Act,  2007  an  expert  of  the  Punjab  Forensic Science  Agency  (PFSA)  was  considered to  be  an  expert  in  terms  of  section  510,  Cr.P.C.  Therefore,  DNA  test  report  prepared  by  an expert  of  the  PFSA was  per  se  admissible.

Rescission for mistake

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         Specific Relief Act,1877                         

                                  S.36 to 38

                           ====Rescission for mistake

                                   Points to Ponder.        

1-Contract be written.

2-Mere Mistake  is not suffice for rescission.

3- unless the party can be restored to status quo ante.

4-Both parties will be placed at point before contract.

 

S.37.    Alternative prayer for rescission in suit for specific performance

37. A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the Court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.

Points to Remember:-

 1-The plaintiff may pray for alternative relief in  the specific performance of a contract.

 2-if the contract cannot be enforced.

3- it may be rescinded and delivered upto be cancelled.

4- The alternative relief is based on the same state of facts .

5- Conclusions may  be different as to law.

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S,38.====Court may require party rescinding to do equity

38. On adjudging the rescission of a contract, the Court may require the party to whom such relief is granted to make any compensation to the other which justice may require.

         Points to Remember.

 Fulcrum....

“he who seeks equity must do equity.”

  1-Equity is the fulcrum of the rescission.

 2-Relief taking party must be on equity scale.

3- Court may order for compensation to other party while rescinding.

 

Rescission &Cancellation

Rescission &Cancellation Of            Instrument/Document