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  "title": "PUNJAB PARTITION OF IMMOVABLE PROPERTY ACT, 2012",
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  "text": "THE PUNJAB PARTITION OF IMMOVABLE PROPERTY \r\nACT 2012 \r\n(IV of 2013) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Limitation on scope \r\n3. Definitions \r\n4. Suit for partition of immovable property \r\n5. Appearance of defendants and consequence of non-appearance \r\n6. Written statement \r\n7. Mesne profits pending adjudication \r\n8. Question of title or share \r\n9. Appointment of referee for partition \r\n10. Internal auction \r\n11. Open auction \r\n12. Mesne profits \r\n13. Private settlement \r\n14. Time limit for disposal of the suit \r\n15. Application of Act V of 1908 \r\n16. Instructions of High Court \r\n17. Repeal \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB PARTITION OF IMMOVABLE PROPERTY ACT 2012 \r\n(IV of 2013) \r\n[5th January, 2013] \r\nAn \r\nAct \r\nto amend and reform the law relating to partition of immovable property. \r\nPreamble.– Whereas it is expedient to amend and reform the law relating to \r\nexpeditious partition of immovable property and to provide for ancillary matters; \r\nIt is enacted as follows:– \r\n1. Short title, extent and commencement.– (1) This Act may be cited as the \r\nPunjab Partition of Immovable Property Act 2012. \r\n(2) It shall extend to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Limitation on scope.– Nothing contained in this Act shall be deemed to affect \r\nany law providing for the partition of agricultural land or land subservient to agriculture. \r\n3. Definitions.– (1) In this Act– \r\n(a) “Code” means the Code of Civil Procedure, 1908 (V of 1908); \r\n(b) “Court” means the Court of original civil jurisdiction competent to \r\nentertain and decide suits for partition of immovable property; \r\n(c) “immovable property” means an immovable property, other than \r\nagricultural land or land subservient to agriculture,  jointly owned by two \r\nor more persons; \r\n(d) “internal auction” means the auction of the immovable property amongst \r\nthe co-owners of the property in which at least two co-owners are eligible to \r\nparticipate; and \r\n(e) “mesne profits” means the approximate rental benefit which the co -\r\nowner in possession of the immovable property gains to the exclusion \r\nof any other co-owner during the pendency of the suit under the Act. \r\n(2) An expression used in the Act but not defined shall mean the same as in \r\nthe Code. \r\n4. Suit for partition of immovable property.– An owner of immovable property may \r\nfile a suit for partition of the property, giving details of the property, citing all other co-\r\nowners as defendants  and attaching all the relevan t documents in his reach or \r\npossession. \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 27 December 2012; assented to by the Governor of the Punjab on 3 rd  \r\nJanuary 2013; and published in the Punjab Gazette (Extraordinary), dated 5 January 2013, pages 1961-1965. \r\n5. Appearance of defendants and consequence of non -appearance.– (1) \r\nThe Court shall issue notice to the defendants for appearance on a date , not later \r\nthan ten days , through the process serv ing agency  and registered post or courier \r\nservice and, where possible, also through electronic and telecommunication means. \r\n(2) Copies of the plaint and the documents annexed with the plaint shall be \r\nattached with the notice under subsection (1)  served through the process serving \r\nagency and sent by registered post or courier. \r\n(3) If a defendant fails to appear and the Court is satisfied that  the notice \r\nhas not been served on the defendant or the defendant is willfully avoiding the \r\nservice of the notice, the Court may direct service of the notice by– \r\n(i) affixing a copy of the notice at some conspicuous part of the residence \r\nof the defendant; or \r\n(ii) publication in the press, electronic media or any other mode. \r\n(4) If the defendant fails to appear on the date fixed and the Court is \r\nsatisfied that the notice had been duly served, it may proceed ex-parte against such \r\ndefendant. \r\n(5) If an ex-parte order is passed against a defendant, he may, within fifteen \r\ndays from the date of knowledge, apply to the Court for setting aside the ex-parte \r\norder and shall submit along with the application the written statement and attach with \r\nsuch written statement copies of all the relevant documents in his reach or \r\npossession. \r\n(6) If the defendant submits the written statement and shows sufficient \r\ncause for his non appearance, the Court may set aside the ex-parte order on such \r\nterms as it may deem fit. \r\n6. Written statement .– (1) Subject to section 5, a defendant in a suit for \r\npartition of immovable property shall file the written statement within thirty days of his \r\nfirst appearance in the Court and shall attach with the written statement copies of all \r\nthe relevant documents in his reach or possession. \r\n(2) If a defendant fails to file the written statement within the period \r\nmentioned in subsection (1) , the Court shall strike off his defence and in that event \r\nhe shall not be entitled to lead any evidence. \r\n7. Mesne profits pending adjudication.– (1) On the first date of hearing  or as \r\nsoon as thereafter , the Court may , pending adjudication of the suit,  direct the  co-\r\nowner, in possession of the immovable property , to deposit , either on monthly or \r\nquarterly basis, such interim me sne profits in the Court as it may determine on \r\naccount of share of a co-owner not in possession of the property. \r\n(2) If an order under sub section (1) is passed, the co -owner in possession \r\nof the property shall deposit the amount on or before the date fixed by the Court and, \r\nin the absence of any such order, on or before 15th of the month or the first month of \r\nthe quarter for which the amount is due. \r\n(3) If the co-owner fails to deposit the amount under this section with in the \r\ntime specified under subsection (2), the Court shall– \r\n(a) in case he is plaintiff, dismiss his suit; and \r\n(b) in case he is defendant, strike of f his defen ce and in that event, he  \r\nshall not be entitled to lead any evidence. \r\n8. Question o f title or share .– (1) When there is a dispute as to the title or  \r\nshare in the immovable property, the Court shall decide such question before \r\nproceeding further in the suit under this Act. \r\n(2) The determination of a question of title or share of the immovable \r\nproperty by the Court u nder subsection (1) shall be deemed to be a decree in terms \r\nof the Code. \r\n9. Appointment of referee for partition .– (1) If all the co-owners agree in \r\nwriting on partition of the immovable property through appointment of a referee, the \r\nCourt shall appoint a referee for partition of the property  within such specified or \r\nextended time as the Court deems appropriate. \r\n(2) Subject to the restrictions imposed under any la w governing town \r\nplanning, the referee shall decide whether the immovable property is partible and if \r\nso, the referee shall propose partition of the immovable property. \r\n2\r\n[(3) * * * * * * * * * * *   ] \r\n(4) The referee may, with the written consent of two or more co-owners of the \r\nimmovable property, combine the shares of such co-owners in the proposal of partition. \r\n(5) The Court shall affirm the proposal of the referee for partition of the \r\nimmovable property through decree unless the Court is satisfied that t he proposal is \r\nin contravention of any law. \r\n(6) The Court may fix the fee of the referee to be paid by the co -owners \r\naccording to their respective shares in the immovable property. \r\n10. Internal auction.– (1) If on the date fixed by the Court for th e purpose, the \r\nco-owners fail to submit written agreement about the  partition of the immovable \r\nproperty through appointment of a referee or the referee is o f opinion that the \r\nproperty is not partible or the Court finds that the proposal of the referee is in \r\ncontravention of any law, the Court shall determine the reserve price of the \r\nimmovable property and direct sale of the property through  internal auction on the \r\nnext date of hearing. \r\n(2) The Court shall require the co -owners to be present in person or \r\nthrough their authorized agents on the date of internal auction. \r\n(3) The internal auction shall be conducted in the Court and the Court shall \r\nmaintain record of internal auction which shall form part of the suit.  \r\n(4) Any two or more co-owners of the immovable property may submit their \r\nwritten offers or counter written offers until one of them makes the highest written offer. \r\n(5) The Court shall declare the highest bidder as auction purchaser in \r\ninternal auction and direct the auction purchaser to deposit the auction price within \r\nfifteen days of the auction  but the auction purchaser may deduct from the auction \r\nprice to be deposited such amount as equals his share in the immovable property.  \r\n                                                 \r\n2Omitted by the Punjab Partition of Immovable Property (Amendment) Act 2015 (X of 2015) , w.e.f. 18.3.2015, s.2; and \r\npublished in the Punjab Gazette (Extraordinary), page 3437. \r\n(6) If the auction purchaser deposits the auction price under subsection (5) \r\nwithin the prescribed time, the Court shall confirm the sale, put the auction purchaser \r\nin possession of the property  and distribute the auction price amongst the other co -\r\nowners according to their respective shares. \r\n(7) If the auction purchaser fails to dep osit the auction price under \r\nsubsection (5) within the prescribed time, the Court shall fix another date for internal \r\nauction but such auction purchaser shall not p articipate in the subsequent internal \r\nauctions. \r\n(8) The second or subsequent internal auctio n shall be held , as far as \r\npossible, in accordance with the procedure contain ed in this section for the first \r\ninternal auction. \r\n11. Open auction .– (1) If the co -owners refuse to participate in the internal \r\nauction or only one co -owner shows his willingness to participate in such auction or \r\nthe internal auction under section 10 has failed, the Court shall fix the reserve price \r\nof the immovable property and direct open auction of the property. \r\n(2) A co-owner of the immovable property may participate in  the op en \r\nauction of the property. \r\n(3) The Court shall appoint a court auctioneer for conducting the open \r\nauction and fix fee of the court auctioneer to be paid by the co -owners in proportion \r\nto their respective shares in the immovable property.  \r\n(4) The c ourt au ctioneer shall submit in the Court an  auction plan in the \r\nform of a public notice which shall  include detailed specifications of the immovable \r\nproperty, the time, date and place of open auction, and the amount of bid security for \r\nparticipating in the open auction, and the Court may approve the auction plan with or \r\nwithout modification and direct its publication in such manner as it deems appropriate. \r\n(5) The court auctioneer shall conduct open auction under the auction plan \r\napproved and published by the Court and direct the highest bidder to deposit– \r\n(a) earnest money equal to twenty per cent of the bid price immediately on \r\nthe close of bidding; and  \r\n(b) the remaining amount of the bid price in the court within seven days. \r\n(6) The court auctioneer shall maintain the record of the auction \r\nproceedings and return the bid security to unsuccessful bidders but shall adjust the \r\nbid security of the highest bidder in the bid price. \r\n(7) The court auctioneer may, in an appropriate case, accept deposit \r\nunder clause (a) of subsection (5) in the form of cash, crossed cheque, demand draft \r\nor banker’s cheque against a receipt. \r\n(8) The court auctioneer shall, immediately after conclusion the auction, \r\ndeposit in the Court the auction price collected by him along with the auction report. \r\n(9) If the highest bidder deposits the auction price under subsection (5), the \r\nCourt shall confirm the sale, put the highest bidder in possession of the property and \r\ndistribute the auction price amongst the co-owners according to their respective shares. \r\n(10) If the highest bidder fails to deposit the auction price under subsection \r\n(5), the amount deposited by him shall stand forfeited and the immovable property \r\nshall be put to open auction again, as far as possible, in accordance with the \r\nprocedure contained in this section. \r\n12. Mesne profits.– (1) Subject to sections 10 and 13, the Court may, at the time \r\nof final settlement, award mesne profits to a co -owner not in possession of the joint \r\nimmovable property by deducting the same from the share of  the co -owner in \r\npossession of the property or by directing the co-owner in possession of the property \r\nto pay the same to the co-owner not in possession of the property. \r\n(2) The Court shall, while awarding mesne profits under subsection (1), \r\ntake into account the interim mesne profits deposited under section 7. \r\n13. Private settlement.– (1) All the co-owners of the immovable property may, at \r\nany stage of the proceedings before the date of open auction of the property, submit \r\na private settlement in the Court. \r\n(2) If the co-owners submit the private settlement under subsection (1), the \r\nCourt shall pronounce judgment and decree in terms of the private settlement  and \r\ncancel the order of open auction if already passed. \r\n14. Time limit for disposal of the suit.– (1) The Court shall finally dispose of the \r\nsuit under this Act within six months from the date of the institution of the suit, failing \r\nwhich, the Court shall submit the case to the District Judge , with cogent reasons,  \r\nseeking extension of time for disposal of the suit.  \r\n(2) The District Judge may , subject to such conditions as he deems \r\nappropriate to impose,  grant extension in time to dispose of the suit taking into \r\nconsideration the facts and circumstances of the case. \r\n15. Application of Act V of 1908.– Subject to this Act, the provisions of the Code \r\nshall apply to any proceedings under this Act.  \r\n16. Instructions of High Court .– The Lahore High Court may issue instructions \r\nnecessary for purposes of the Act. \r\n17. Repeal.– (1) The Partition Act, 1893 (IV of 1893) is hereby repealed. \r\n(2) Notwithstanding the repeal of the Partition Act, 1893 (IV of 1893)  and \r\nwithout prejudice to any previous proceedings in a suit, the suit for partition of \r\nimmovable property pending in any court under the repealed Act shall be proceeded \r\nwith and decided by the Court in accordance with the provisions of this Act.",
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