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View Full Version : Explain the procedure of partition of land under the land revenue act. (1998)(2001)



vustudents
09-10-2012, 01:51 AM
Q. Who may apply for partition of land. are there some restriction imposed on partition. (1999)(2000)
Q. Discuss systematically the different steps during "partition proceedings" of agricultural land. (2003)
Q. Who may apply for partition of joint holding. (2005)
Q. Who can apply for partition of "joint holding" what is the procedure prescribed under law processing such application. (2006)
1. Introduction:
Any joint owner of land or joint owner of tenancy can make application for partition of holding. the application for the partition of land is filed before the land revenue officer. a person who has no share in land cannot file suit of partition of the land.
2. Relevant provision:
Sec. 135 to 150 land revenue act 1967.
3. Application for partition of land:
According to Sec. 135 any joint owner of land may apply to a revenue officer for partition of his share in the land.
Case law PLD 1955 PUN (Rev) 503.
Where a decree has been passed by the civil court, the revenue court should effect partition on the exact basis of the decree.
(i) Conditions for filing application:
(a) At the date of 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 as that date or.
(c) A written acknowledgement of that right has been executed by all persons interested in the admission or denial thereof.
(ii) Position of mortgagee:
AIR 1938 LAH. 615
It was held a mortgagee cannot enforce partition in any manner because he is not the owner.
(iii) Position of a widow:
PLD 1975 WP LAH. 447
It was held a widow holding land for her life in lieu of maintenance is a "land owner" and therefore, an "owner of land" she is therefore entitled to apply for the partition of land.
4. Restriction and limitation on partition:
Following are restriction and limitations on partition.
(i) Worship places and grave yard held in common before partition shall continue to be so held after partition.
(ii) Any embankment, water course, well or tank and any land n which the supply of water depends.
(iii) Any grazing field.
(iv) Any land which is occupied as the site of a town or village may be refused for partition if in the opinion of the land revenue officer it shall cause hardships to the co- sharers on other persons directly or indirectly.
5. Procedure of partition by the revenue officer:
The revenue officer shall adopt the following procedure.
(i) Notice of application:
Revenue officer shall send notice to the relevant parties and fixed time for hearing.
(ii) Addition of party:
If any party desire to become party he can apply and revenue officer shall add him as an applicant for partition.
(iii) Disallowance of partition:
If revenue office deems fit that there are sufficient grounds for disallowance of partition, he may reject the application for partition.
(iv) Procedure on admission of application:
If application is admitted, the revenue officer shall desecration the questions if any in dispute between any of the person interested distinguishing between.
(a) Question as to the title in property of which partition is sought.
(b) Question as to the property to be divided for the mode of making the partition.
(v) Disposal of other questions:
If there are other question regarding the partition of land the revenue officer shall dispose such questions.
(vi) Completion of partition proceeding:
When all disputes are settled by the revenue office he shall cause an instrument of partition to be prepared and the date on which the partition is to take effect to be recorded therein.
(vii) Delivery of possession of property:
An owner to whom any land is allotted in proceedings for partition shall be entitled to possession thereof as against the other parties.
(a) Limitation:
A person to whom a share is allotted in partition can make application can make application for the delivery of possession within three years from the date on which the partition is to take effect.
6. Affirmation of partition privately affected:
For the affirmation of privately affected without the intervention of revenue officer, any party to the partition can apply to the revenue court praying for an order to affirm the partition.
7. Conclusion:
To conclude I can say that revenue officer can entertain application of partition of land by joint owner. his power to decide questions of title is of discretionary nature. under land revenue act there are some limitation and restriction which have been imposed on partition.