CHAPTER IX
PARTITION
(2) A partition of a tenancy shall not without the express consent of the landlord, affect the joint liability to the co-sharers therein for the payment of the rent thereof.
(a) at the date of the application the share is recorded under Chapter IV 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 acknowledgement of that right has been executed by all persons interested in the admission or denial thereof.
(1) places of worship and burial grounds held in common before partition shall continue to be so held after partition, unless the parties otherwise agree among themselves and record their agreement and file it with the Revenue-officer;
(2) partition of any of the following properties, namely:--
(a) any embankment, watercourse, well or tank, and any land on which the supply of water to any such work may depend;
(b) any grazing ground; and
(c) any land which is occupied as the site of a town or village and is assessed to land revenue; may be refused if, in the opinion of the revenue-officer, the partition of such property is likely to cause inconvenience to the co-shares, or other persons directly or indirectly interested therein, or to diminish the utility thereof to these persons;
(3) the fact that a partition on the application of a joint owner of land would render necessary the severance into two or more parts of the land comprised in the tenancy of a tenant having a right of occupancy may, unless the tenant assents to the severance, be a sufficient reason for the disallowance of the partition in so far as it would affect that tenancy; and
(4) the fact that the landlord objects tot the partition of a tenancy may be sufficient reason for the absolute disallowance of the partition thereof.
(a) cause notice of the application and of the day so fixed to be served on such of the recorded co-shares as have not joined in the application, and, if the share of which partition is applied for is a share in a tenancy, on the landlord also; and
(b) if he thinks fit, cause the 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.
(a) question as to title in the property of which partition is sought; and
(b) questions as to the property to be divided, or the mode of making the partition.
(2) When the Revenue-officer himself proceeds to determine the question, the following rules shall apply, namely;--
(a) If the question is one over which a Revenue Court has jurisdiction, the Revenue-officer shall proceed as a Revenue Court under the provisions of the Punjab Tenancy Act, 1887.
(b) If the question is one over which a Civil Court has jurisdiction, the procedure of the Revenue-officer shall be that applicable to the trial of an original suit by a Civil Court and he shall record a judgment and decree containing the particulars required by the Code of Civil Procedure to be specified therein.
(c) An appeal shall lie from the decree of the Revenue-officer under clause (b) as though that decree were a decree of a 1[Subordinate Judge] in an original suit.
(d) Upon such an appeal being made, he 2[District Court], or 2[High Court], as the case may be, may issue an injunction to the Revenue-officer requiring him to stay proceeding pending the disposal of the appeal.
(e) From the appellate decree of a 2[District Court] upon such an appeal, a further appeal shall lie to the 3[High Court] if such a further appeal is allowed by the law for the time being in force.
1Substtuted for “District Judge” by the Punjab Courts Act, 1918 (6 of
1918) s. 49.
2Substituted for “Divisional Court” by ibid.
3Substituted for the words “Chief Court” by Act 18 of 1919.
(2) An appeal may be preferred * * *1 from an order under sub-section (1) within fifteen days from the date thereof, and, when such an appeal is preferred and the institution thereof has been certified to the revenue-officer by the 2[authority to whom the appeal has been preferred] the Revenue-officer shall stay proceeding pending the disposal of the appeal.
(3) If the applicant for partition is dissatisfied with the original or appellate order under this section, and applies for permission to withdraw from the proceeding in so far as they relate to the partition of his shares, he shall be permitted to withdraw there from on such terms as the Revenue-officer thinks fit.
(4) When an applicant withdraw under the last foregoing sub-section, the revenue-officer may, where the other applicants if any desire the continuance of the proceeding, continue them in so far they relate to the partition of the shares of those other applicants.
1The words “to the Commissioner” were repealed by the Decentralization
Act (4 of 1914).
2Substituted for the word “Commissioner” by the Decentralization Act (4
of 1914).
(2) The determination of the Revenue-officer, as to the revenue to be paid in respect of each holding, shall, where the estate in which the holding is situate in subject to a fixed assessment, be deemed to be an order under section 56, sub-section (1).
(3) Where new estates have been created at the partition and the land-revenue has been fraudulently or erroneously distributed among them, the 1[State Government], may, within twelve years from the time of the discovery of the fraud or error, order a new distribution of the land-revenue among the several estates on a 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.
122. **********
123. Affirmation of partition privately affected: - (1) In any case in which a partition has been made without the intervention of a Revenue-officer, and party thereto may apply to a Revenue-officer for an order affirming the partition.
1Substituted for the words ‘Local Government” by the Government of India
(Adaptation of Indian Laws) Order, 1937, and the Adaptation of Laws Order,
1950.
(2) On receiving the application, the Revenue-officer shall inquire into the case, and, if he finds that the partition has in fact been made, he may make an order affirming it and proceed under section 119, 120, 121 and 122, or any of those sections, as circumstances may require, in the same manner as if the partition had been made on an application to himself under this Chapter.
ARBITRATION
(2) A Collector or any Assistant Collector of the first grade may, without the consent of the parties, refer to arbitration any dispute before him with respect to--
(a) any matter of which an entry is to be made in any record or register under Chapter IV;
(b) any matter relating to the distribution of an assessment under section 56;
(c) the limits of any estate or of any holding, field or other portion of an estate; or
(d) the property to be divided at the partition or the mode of making a partition.
(2) The number of arbitrators which each party may nominate must be the same and must not exceed two.
(3) If from any cause arbitrators are not nominated, or an award is not delivered, within the period fixed therefor in the order of reference, the Revenue-officer may from time to time enlarge that period, or may cancel the order of reference.
(2) The Revenue-officer may, for reasons to be recorded by him, make an order disallowing any nomination made by either party and requiring the party to make another nomination within a time to be specified in the order.
(3) An order under the last foregoing sub-section shall be final.
(a) if either of the parties fails to nominate an arbitrator under sub-section (1) of section 129 within the period fixed in the order of reference, or
(b) if the nomination of an arbitrator has been disallowed under sub-section (2) of section 129 , and another arbitrator is no nominated within the time specified in the order under that sub-section or , having been so nominated , his nomination is also disallowed, or
(c) if a party entitled to nominate an arbitrator in the place of another arbitrator under section 130 fails to nominate him within one week from the date of the communication to him of a notice requiring him to make the nomination, or
(d) if an arbitrator nominated by the Revenue-officer dies, desires to be discharged or refuses or becomes incapable to act, the Revenue-officer may nominate a person as arbitrator.
(2) Any such party or witness shall be bound to appear before the arbitrators in obedience to a process issued under sub-section (1) either in person or by agent, as the arbitrators may require.
(3) The person attending in obedience to the process shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as may be specified in the process.
(2) The arbitrators shall present the award to the Revenue-officer in person unless that officer permits them to present it by agent.
(2) Where a date has been fixed for the consideration of an award, the Revenue-officer shall on that date, or on any subsequent date to which an adjournment may be made, hear any objections which the parties may have to make to the award.
(3) The Revenue-officer may also, if he thinks fit, question the arbitrators as to the grounds of their award.
(2) An appeal shall lie from the decision as if arbitrators had not been appointed.
SPECIAL
JURISDICTION WITH RESPECT TO LAND
136. Power to invest officers making records-of-rights or general re-assessments with powers of Civil Courts : - (1) The 1[ State Government ] may by order published in the official Gazette, invest any Revenue-officer making or specially revising records-of-rights in any local area in pursuance of a notification under section 32 or making re-assessment of land-revenue in any local area in pursuance of a notification under section 49 2[ or any Revenue-officer in a Colony ], or any Revenue-officer to whose control that officer is subject, with all or any of the powers of any Court constituted under the 3Punjab Courts Act, 1884, for the purpose of trying all or any specified classes of suits or appeals relating to land arising in the local area.
1Substituted for the words “Provincial Government” by the Adaptation of
Laws Order, 1950.
2Inserted by the Colonization of Government Lands (Punjab) Act, 1912
(Punjab Act 5 of 1912), “S. 8”.
3See now the Punjab Courts Act, 1918 (Punjab Act 6 of 1918).
(2) The 1[State Government] may cancel an order under sub-section (1) wholly or in part.
(3) While an order or any part of an order under that sub-section continues in force, the powers conferred thereby shall be exercised by the officers invested therewith and not otherwise.
(4) Any cases pending before that officer under the order or a subsisting part of the order at the time of cancellation thereof may be disposed of by him as if the order or that part of it continued in force, unless the 1[State Government] directs, as it is hereby empowered to do, that those cases shall be transferred for disposal to the Courts by which they would have been disposed of if the order had not been published.
137. Control
over such officers and appeals from and revision of their decrees and orders :
- (1) The
1[State Government ] may by notification direct that the provisions
of this Act with respect to the superintendence and control over
Revenue-officers shall, subject to any modification of these provisions which
the 1[State Government ]
thinks fit, apply to any Revenue-officer, except the Financial Commissioner,
who has been invested with the powers of a Civil Court of any of the classes
specified in clauses (a) , (b), (c) and (d) of section 17 of the
2Punjab Courts Act,
1884, and that appeals shall lie from his decrees and orders to, and his
decrees and orders be subject to revision by, a Revenue-officer invested under
the last foregoing section with the powers of a Court which would be competent
under the 2Punjab Courts
Act, 1884, to hear appeals from, or
revise, such decree and orders if they had been made by a Court with the powers
of which the Revenue-officer who made them has been invested.
(2) In the absence of any such notification, a Revenue-officer invested under the last foregoing section with the powers of any such Civil Court as aforesaid shall, with respect to the exercise of those powers, be deemed to be such a Civil Court for the purpose of the 2Punjab Courts Act, 1884.
1Substituted for the words
“Provincial Government” by the Adaptation of Laws Order, 1950.
2See now the Punjab Courts Act, 1918
(Punjab Act 6 of 1918).
SUPPLEMENTAL PROVISIONS
Revenue
Deposits
(a) when a headman or other land-owner, or an assignee of land-revenue, to whom any sum other than rent is payable on account of a liability under this Act, refuses to receive the sum from , or to grant a receipt therefor to, the person by whom it is payable.
(b) when the person by whom any such sum is payable is in doubt as to the headman or other land-owner, or the assignee of land-revenue, entitled to receive it.
that person may apply to a Revenue-officer for leave to deposit the sum in his office, and Revenue-officer shall receive the deposit if , after examining the applicant, he is satisfied that there is sufficient ground for the application, and if the applicant pays the fee, if any, which may be chargeable on any notice to be issued of the receipt thereof.
(2) When a deposit has been so received , the liability of the depositor to the headman or other land-owner, or the assignee of land –revenue for the amount thereof shall be discharged.
139. Procedure in case of deposit on account of a payment due to Government: -If the deposit purports to be made on account of any payment due to the 1[Government] , it may be credited accordingly.
1Substituted
for the words “Crown” by the Adaptation of Laws Order, 1950.
(2) No suit or other proceeding shall be instituted against the 1[Government], or against any officer of the 1[Government], in respect of anything done by a Revenue-officer under this section, but nothing in this sub-section shall prevent any person entitled to receive the amount of any such deposit from recovering it from a person to whom it has been paid by a Revenue-officer.
Execution of Orders
of Civil and Criminal Courts by Revenue-officers.
141. Orders of Civil and Criminal Courts for execution of processes
against land or the produce thereof to be addressed to a Revenue-officer: - Orders issued by any Civil or Criminal Courts for
the attachment, sale or delivery of any land or interest in land, shall be
addressed to the Collector or such Revenue-officer as the Collector may appoint
in this behalf, and be executed by the Collector or that officer in accordance
with the provisions of the law applicable to the Court issuing the orders and
with any rules consistent there with made by the Financial Commissioner with
the concurrence of the High Court and the previous sanction of the 2[State
Government].
(2) A payment to the Collector under sub-section (1) shall be an effectual discharge to the person making it.
Preservation of
attached Produce.
143. Preservation
of attached Produce: -(1) The attachment of
the produce of any land in pursuance of an order of any Court or other
authority shall not prevent the person to whom the produce belongs from
reaping, gathering or storing it or doing any other act necessary for its
preservation.
1Substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
2Substituted for the words “Provincial Government” by the Adaptation of
Laws Order, 1950.
(2) The attaching officer shall do or cause to be done all acts necessary for the preservation of the produce if the person to whom it belongs fails to do so.
(3) When sale of produce follows on its attachment, the purchaser shall be entitled, by himself or by any person appointed by him in his behalf, to enter on the place where the produce is and do all that is necessary for the purpose of preserving and removing it.
144. Division of
produce: - In either of the following cases,
namely,--
(a) where land-revenue is paid by division or appraisement of the produce,
(b) where a superior and an inferior land-owner, or two or more share-holders in a holding or tenancy, are jointly interested in any produce, and either or any of the land-owners, or tenants, as the case may be, desires the assistance of the Revenue-officer for the purpose of dividing or appraising the produce, the provisions of the Punjab Tenancy Act, 1887, with respect to the division or appraisement of produce shall apply so far as they can be made applicable.
(a) when a record-of-rights is being made or specially revised for an estate,
(b) when the local area in which an estate is situate is being generally re-assessed and before the assessment has been confirmed,
1For rules of the Financial Commissioner under section 145; see
Notification No. 76; Punjab Gazette Extraordinary; 1st March, 1888.
page 53.
(c) at any other time or an order made with respect to any estate by the 1[State Government]
* * * 2 * * *
a Revenue-officer shall prepare a list of village-cesses, if any, levied in the estate which have been generally or specially approved by the 1[State Government], or the title to which has, before the passing of this Act, been judicially established.
3(2) * * * * *.
(3) The 1[State Government] may impose on the collection of any village-cess comprised in the list such conditions as to police or other establishments connected with the village, market or fair in or on account of which the cess is levied, as it thinks fit.
(4) The 1[State Government] may declare weather any cess, contribution or due levied in an estate is or is not a village cess.
(5) A declaration of the 1[State Government] under the last foregoing sub-section shall be conclusive, and shall not be liable to be questioned in any Court.
(a) on the application of both land-owners, or
(b) with the previous sanction of the 1[State Government], on the application either of them, commute those dues into fixed percentage of the land-revenue payable by the inferior land-owner in respect of the land.
1Substituted for the words “Provincial Government” by the Adaptation of
Laws Order, 1950.
2The word “with the previous sanction of the Governor-General in
Council” were repealed by the Devolution Act, 1920 (38 of 1920), section 2 and
Schedule I.
3Sub-section (2) of section 145 repealed by Act 17 of 1896, s. 3.
(2) The 1[State Government], may 3* * * * cancel any remission authorized, and agreement made under sub-section (1).
(3) If a land-owner bound by an agreement under that sub-section to render public service in lieu of paying land-revenue fails, to render the service to the satisfaction of the Collector, the collector may determine the portion of the land-revenue remitted which is represented by the service in respect of which the land-owner is in default, and with the previous sanction of the financial Commissioner, recover that portion as if it were an arrear of land-revenue whereof the service was substituted.
(2) That share may be recovered by the Collector by the deduction of the amount thereof from the land-revenue due to the assignee.
149. Penalty
for failure to attend within limits of estate in obedience to order of
Revenue-officers: - If a person required by a
summons, notice, order or proclamation proceeding from a revenue-officer to
attend at a certain time and place, within the limits of the estate in which he
ordinarily resides, or in which he holds or cultivates land, fails to comply
with the requisition, he shall be liable at the discretion of the
Revenue-officer to a fine which may extend to fifty rupees.
1Substituted for the words “Provincial Government” by the Adaptation of
Laws Order, 1950.
2The word “with the previous sanction of the Governor-General in
Council” were omitted by the Government of India (Adaptation of Indian Laws)
Order, 1937.
3The words “with the like sanction” were omitted by the Government of
India (Adaptation of Indian Laws) Order, 1937 .
(2) The proceedings of the Revenue-officer under sub-section (1) shall be subject to any decree or order which may be subsequently passed by any Court of competent jurisdiction.
1 of 1872: -
(2) A village-officer shall, with respect to any such record or paper in his custody, be deemed for the purpose of the Indian Evidence Act, 1872, to be a public officer having the custody of a public document which any person has a right to inspect,
(2) But if he orders that the cost of any such proceeding shall not follow the event, he shall record his reasons for the order.
1Substituted by Punjab Act 3 of
1928, section 15, for “1877”.
(a) purchase or bid for, either in person or by agent, in his own name or in that of another, or jointly or in shares with others, any property which any Revenue-officer or Revenue Court in the District in which he is employed has ordered to be sold, or
(b) in contravention of any rules made by the 1[State Government] in this behalf, engage in trade in that district.
(2) Nothing in sub-section (1) shall be deemed to preclude any person from becoming a member of a company incorporated under the Indian Companies Act, 1882, 2[the Indian Companies Act, 1913], or other law.
(a) fixing the number and amount of the installment, and the times and places and the manner, by, at and in which any sum other than rent or land-revenue which is payable under this Act or of which a record has been made there under is to be paid;
(b) fixing the dates on which profits are to be divisible by headman or other persons by whom they are realized on behalf of co-sharers;
(c) prescribing the fees to be charged for the service and execution of processes issued by Revenue-officers and Revenue-Courts, the mode in which those fees are to be collected, the number of persons are to be employed in the service and execution of those processes, and the remuneration and duties of those persons;
1[(d) regulating the procedure in the cases where persons are entitled to inspect records of Revenue-officers, or records or papers in the custody of village-officer, or to obtain copies of the same, and prescribing the fees payable for searches and copies 2[including postage and any prescribed additional charge when a copy is supplied by post];
(e) prescribing forms for such books, entries, statistics and accounts, as the Financial Commissioner thinks necessary to be kept, made or compiled in revenue-offices, or submitted to any authority;
4[(f) declaring what shall be the language of any of those offices and determining in what cases persons practicing in those offices shall be permitted to address the presiding officers thereof in English; and
4(g) generally for carrying out the purposes of this Act.
(2) Until rules are made under clauses (a) and (b) of sub-section (1) the sums therein referred to shall be payable by the installments at the times and places, and in the manner by, at and in which they are now payable.
(3) Rules made by the Financial Commissioner under this or any other section of this Act, shall not take effect until they have been sanctioned by the 1[State Government] * * * 2 * * *
1For rules under section 155 (1) (d), see infra.
2Added by Punjab Act 45 of 1953.
3For rules under
section 155 (1) (f) and (g), see Notification No. 76, Punjab Gazette
(Extraordinary), 1st March, 1888, p. ibid; 1096; Part III, p. 1411.
158. Exclusion of jurisdiction of Civil Courts in matters within the jurisdiction of Revenue-officers: -Except as otherwise provided by this Act-
(1) a Civil Court shall not have jurisdiction in any matter which the 1[State Government] or a Revenue-officer is empowered by this act to dispose of or take cognizance of the manner in which the 1[State Government] or any revenue-officer exercises any powers vested in it or him by or under this Act; and in particular--
(2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely: -
(i) any question as the limits of any land which has been defined by a revenue-officer as land to which this Act does or does not apply;
(ii) any claim to compel the performance of any duties imposed by this Act or any other enactment for the time being in force on any Revenue-officer as such;
1Substituted for the words “Provincial Government” by the Adaptation of
Laws Order, 1950.
2The words, “and rules under clause (c) of sub-section (1) shall not
take effect until they have also been confirmed by the Governor-General in
Council” were repealed by the Decentralization act, 1914 (4 of 1914).
3The words “to the control of the Governor-General in Council and” were
omitted by the Devolution act, 1920 (38 of 1920).
4For provision concerning the making of rules after previous publication
see General Clause Act, 1897 (10 of 1897), section 23.
(iii) any claim to the office of kanungo, 1[ * ] or village-officer , or in respect of
any injury caused by exclusion from such office, or to compel the performance of the duties or a division of the emoluments thereof ;
(iv) any notification directing the making or revision of a record-of –rights ;
(v) the framing of a record-of-rights or annual record, or the preparation, signing or attestation of any of the documents included in such a record ;
(vi) the correction of any entry in a record-of-rights, annual record or register of mutations ;
(vii) any notification of the undertaking of the general re-assessment of a district or tahsil having been sanctioned by the 2[State Government ] ;
(viii) the claim of any person to be liable for an assessment of land-revenue or of any other revenue assessed under this Act ;
(ix) the amount of land revenue to be assessed on any estate or to be paid in respect of any holding under this Act ;
(x) the amount of, or the liability of any person to pay, any other revenue to be assessed under this Act, or any cess, charge or rate to be assessed on an estate or holding under this Act or any other enactment for the time being in force ;
(xi) any claim relating to the allowance to be received by a land-owner who has given notice of his refusal to be liable for an assessment, or any claim connected with, or arising out of, any proceedings taken in consequence of the refusal of any persons to be liable for an assessment under this Act ;
1The words “Zaildar, inamdar”
omitted by Punjab Act 27 of 1964.
2Substituted for the words “Governor-General in Council” by the
Government of India (Adaptation of Indian Laws ) Order, 1937, and the adaptation of laws order 1950.
(xii) the formation of an estate out of waste land ;
(xiii) any claim to hold free of revenue any land, mills, fisheries or natural products of land or water ;
(xiv) the amount of, or the liability of any person to pay any fees, fines, costs or other charges imposed under this Act ;
(xv) any claim to set aside, on any ground other than fraud, a sale for the recovery of an arrear of land-revenue or any sum recoverable as an arrear of land-revenue ;
(xvi) the amount of, or the liability of any person to pay any fees, fines, costs or other charges imposed under this Act ;
(xvii) any claim for partition of an estate, holding or tenancy, or any question connected with, or arising out of, proceedings for partition, not being a question as to title in any of the property of which partition is sought ;
(xviii) any question as to the allotment of land on the partition of an estate, holding or tenancy or as to the distribution of land subject by established custom to periodical re-distribution or as to the distribution of land –revenue on the partition of an estate or holding or on a periodical re-distribution of land, or as to the distribution of land, or as to the distribution of rent on the partition of a tenancy ;
1[(xviii-a) any question connected with or arising out of or relating to any proceedings for the determination of boundaries of estates subject to river action under sections 101-A, 101-B, 101-C and 101-D, respectively, of Chapter VIII] ;
(xix) any claim to set aside or disturb a division or appraisement of produce confirmed or verified by a Revenue-officer under this Act ;
(xx) any question relating to the preparation of a list of village cesses or the imposition by the 2[State] Government of conditions on the collection of such cesses ;
(xxi) any proceeding under this Act for the communication of the dues of a superior land-owner ;
(xxii) any claim arising out of the enforcement of an agreement to render public service in lieu of paying land-revenue ; or
(xxiii) any claim arising out of the liability of an assignee of land-revenue to pay a share of the cost of collecting or re-assessing such revenue , or arising out of the liability of an assignee to pay out of assigned land-revenue, or of a person who would be liable for land-revenue if it had not been released, compounded for or redeemed to pay on the land-revenue for which he would but for such release, composition or redemption be liable, such a percentage for the remuneration of a 3[ ] village officer as may be prescribed by rules for the time being in force under this Act.
1Clause (xviii-a) was added by
the Punjab Riverain Boundaries Act, 1899 (Punjab Act I of 1899) , s. 3.
2Substituted for the word “Provincial” by Adaptation of Laws Order, 1950.
3The words “Zaildar, inamdar or”
omitted by Punjab Act 27 of
1964,section 5.
4Repealed by Central Act 1 of 1938, section 2 and Schedule.