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.
