Name : AsaD ALi

Reg no : 06381613008

Section : A

Corse:pleadings and convincing

Assignment : partition

Submitted to : sir Adv.hafeezullah yaqoob sab

School of law ,Quaid e Azam University Isb

Question no: 1

Define partition and its procedure laid down in agriculture and build up property?

Partition: any division of real property or personal property between co owners resulting in individual
ownership of the interest of each. The ownership of real and personal property can have many benefits
to the parties, but when there is a discord and the owner cannot agree on the use, improvement, or
disposition of the property, all states have laws that permit the remedy of partition. Partition statutes
allow those who own property in common to serve their interest and take their individual share of the
property. Partition may be either voluntary or compulsory, voluntary partition one in which owners
divide the property themselves. Usually by exchanging individual deeds,  each co-
owner owns a part of the property and ceases to have an undivided interest in the whole. The parties can 
also provide for the sale of the property and divide the proceeds among themselves. When the co-
owners cannot agree to a voluntary partition, a lawsuit to compel partition can be filed to sever property in
terests.
The motives of the party seeking partition are irrelevant, and the court that hears the lawsuit has no discre
tion to deny partition. Its main function is to determine the method of executing the partition.
Commonly the court will order the property sold and the proceeds divided, instead of ordering a physical 
partition of the property. If the title to the property is put into issue, most states permit the court to resolve 
this issue as well as the partition.

Partition in Pakistan:

 For agricultural land the provisions of Punjab land revenue act 1967 will be applied on such
property.
 For build up property the provisions of Punjab partition of immoveable property 2012 will be
applied on such property.

Procedure for partition under Punjab land revenue act 1967 for agricultural land:

Under section 135 of land revenue act any co owner apply to R.O with an application for partition of his
share, in case
  If his share recorded under chapter 6 as belonging to him
 His right established by any degree of court which is still subsisting at the date.
 A written acknowledgment by all other persons interested in such property.

Under section 137 notice of the application under section 135 will be served on the defendants with the
date of next hearing.

The revenue officer on the date of hearing may add any party if he thinks it necessary party U/S 138.
Revenue officer can give decision on dividing the partition land U/S 142 and appeal shall lay within 30
days in court and revenue officer will stay further proceedings till the final decision of court.

U/S 142 A limitation for partition cases is mentioned 180 days for revenue officer if he cannot decide the
matter then RO will submit reasons to district collector for extension of time 15 days prior to the expiry of
the mentioned limitations. DC for reasons to be recorded in exceptional cases grant time not exceeding
60 days.

If question of title is involved than additional 180 days will be deemed to be added in the original limitation
so the limitations period will 360 days. If revenue officer fails he will face a trial conducted by DC and will
be liable for disciplinary action. On the end of the proceeding if partition effected by revenue officer or
privately. the revenue officer shall cause and instrument for partition to be prepared and the date on
which partition to take effect to be recorded therein.

Procedure for partition of build up property under Punjab partition of immoveable

property 2012:

Section 2 of the act defines the scope of this act as not applicable on agricultural land.

Under section 4 suit for partition of immoveable property can be brought into court with 4 essentials to be
made.

 Suit must be brought by owner.

 Plaintiff must incorporate all details of property in the suit.
 Defendants and co owners will be citied in the suit.
 All relevant documents in the possession of plaintiff must be attached with the petition.

Under section 6 of the act within 15 days of his first appearance defendants will file written statement
along with relevant document in his possession if he fails within 15 days court will strike his defense and
he will be no more entitled to lead the evidence in the trial.

Under section 8 question of title shall be decided first before proceeding under this act and deemed to be
decree in terms of code of civil procedure.

Appearance of defendants and Consequences of non appearance of defendants is provided in section 5

of the said act court will cause issue notice for appearance on date mentioned , no later than 10 days by
agency, courier , registered post or any other electronic and telecommunication means as the court may
deemed fit. The copies of plate and attached documents with the plaint will annex with the issue notice. If
court satisfies that notice has not been served on defendants court will direct,

 Affixing copy of notice at some conspicuous part of his residence.

  Publication in press or any other electronic media

If court satisfied that notice duly served and defendant not appear court will proceed ex party decision
against such defendants ..

Within 15 days of knowledge the defendant can apply to the court for setting aside the ex party
proceedings and shall submit written statement and application along with documents in his procession. If
defendants submit written statement and show sufficient cause for non appearance court may set aside
the ex party order on such terms which it may deem fit.

Means profit:

The court will direct co owner to deposit monthly or quarterly interim means profit to determine share of
co owner no in possession, on the very first hearing.

If he fails to submit the amount in the court the court will order

 In case plaintiff, dismiss his suit.

 In case defendants strike his defense and cannot lead to evidence.

Appointment of referee for partition:

Under section 9 of Punjab partition of immoveable property act 2012 if all co owner agreed the will allow
referee for partition of property not including agricultural land and the court may extend as may it deemed
appropriate. Referee will decide

 The mode of partition.

 By written statement of two or more co owner referee will combine their respective share.
 Court will affirm if satisfied and if it is not contravene law.
 Fee for referee is fixed by court from respective share of co owner accordingly.

Partition in case of inheritance

Partition in case of inheritance is elaborated in section 135 A which was incorporated latter in the original
act .

“135-A. Partition in case of inheritance.– (1) Notwithstanding anything contained in section 135, immediat notice
on all joint land-owners of the holding to submit, within thirty days, a scheme of private partition agre ely after the
inheritance mutation has been sanctioned and without any application, the Revenue Officer shall serve ed to by all
the joint land-owners. (2) If the scheme of private partition under subsection (1) is submitted, the Revenue Officer
shall affirm the scheme in accordance with the provisions of section 147. (3) Notwithstanding anything contained
in this Act, a scheme for private partition between all the joint land-owners may include site of a town or village.
(4) If the scheme under subsection (1) is not filed within the stipulated time, the Revenue Officer shall immediately
commence proceedings for the partition of the joint holding.”

Matters excluded from partition

u/s 136 of land revenue act some properties are excluded generally from partition ,which are mentioned as ,

1.Places of worships and burial grounds held common before partition shall continue to be so after the partition .
2.partition of any embankment , water course , well or supply of water depend on which

3.any grazing ground

4.for purpose of convenience r/o also can exclude any property

Question no 2. Draft a partition deed ?

Partition deed for partition of inherited property b/w the respective joint owners of the property

This partition is made on the first day of July 2020 , between the the parties mentioned under ;

Uzair bhatti S/O Zubair bhatti ( deceased ) age 25 years R/O model town tehsil and district bahawal
nagar CNIC No: 31101 55375687 hereinafter called the First party .

Umair bhatti S/O Zubair bhatti age 22 R/O model town, tehsil and district bahawal nagar CNIC No: 31101
45289456 herinafter called second party .

Shaheena D/O zubair bhatti age 27 R/O model town, tehsil and district bahawal nagar CNIC No: 31101
23864592 hereinafter called third party .

And Ammena BiBi W/O zubair bhatti age 56 R/O model town .tehsil and district bahawal nagar CNIC No;
31101 50384569 hereinafter called fourth party .

Whereas, all the four parties are joint owners of an agricultural land bearing 200 kanals , the description
of the said land is given under ; Khata no 3 , khatoni no 115-117 , rec no :270/2 killa jat 1 to 10/80-0 ,
20 to 23/20-o and rec no :272/5 killa jat 10 to 20 / 80-0 ,26 to 29 / 20-o under mutation no : 715678
situated in mozzah Islam pura ,tehsil and district bahawal nagar and the property in question is the
inherited property of the parties of the partition deed .

Whereas all the parties of the deed have mutually agreed on the partition of the inherited property and
the plan for the partition so agreed between the parties is given under as ;

First party will be the owner of land bearing 80 canals in rectangle no:270/2 kill jat 1 to 10/ 80-0 , second
party will be owner of land bearing 80 canals in rectangle no : 272/5 killa jat 10 to 20/ 80-0, third party
will be entitled to the ownership of land bearing 20 canals in rectangle no : 270/2 killa jat 20 to 23 / 20-
0 and forth party will be the owner of land bearing 20 canals in rectangle no 272/5 killa jat 26 to 29 /20-
0.

That the respective deeds and documents pertaining to the properties have been handed over to the
respective owners .
That the original stamped shall remain with uzair bhatti the first party, while the remaining 3 bearing the
registration endorsement remain with second ,third and fourth party .

Parties have agreed and prepared this deed and plan of partition of inherited property in witness of ;

No 1 :Afzal khan S/O Meraj jamal khan , Age 34 R/O model town,tehsil o district bahawal nagar CNIC No:
31101 76890345

No 2: Imtiaz seikh S/O Bilal sheikh ,Age 53 R/O gulberg colony, tehsil and district bahawal nagar CNIC
No: 31101 54673867