Rattan vs Ram Saroop

S.D. Bajaj, J.—Civil Suit No. 206 was filed by plaintiffappellants against defendantrespondents on April 3, 1972 for possession by partition of Ghair Mumkin Bara comprised in Khasra No. 171 (09) and Ghair Mumkin Ghaeir comprised in Khasra No. 188 (312) situated in village Atta Tehsil Panipat, District Karnal. Learned trial Court decreed the suit on November 19, 1979. In Civil appeal No. 47/13 of 1981 decided on September 8, 1982, learned lower appellate Court set aside the judgment and decree dated November 19, 1979 of the learned trial Court and dismissed the suit. Hence R.S.A No. 157 of 1983 in this Court.

Learned lower Appellate Court held that besides Bara and the Ghaeir, aforesaid 173 Kanals 11 Marlas of agricultural land was also joint of the parties. Since this joint land had not been included in the claim for partition, the suit was obviously for partial partition and, therefore, dismissed.

I have heard Shri S.S. Rathore, Advocate for the appellant, Shri H.S. Hooda, Advocate, for the respondents and have carefully gone through the record of proceedings before the learned two courts below.

It has been urged on behalf of the appellants by their learned counsel that in terms of sections 110 to `126 of Chapter IX of the Punjab Land Revenue Act, 1987, agricultural land could be partitioned by revenue officer alone. The claim for its possession by partition could not, therefore be filed in the Civil Court. Special statute dealing with the agricultural lands would exclude the jurisdiction of the civil court in this behalf. Clause (xvii) of subsection (2) of section 158 of the Punjab Land Revenue Act, 1887 read :

"158. Except as otherwise provided by this Act,

(1) xx xx xx xx

(2) a Civil Court shall not exercise jurisdiction over any of the following matters, namely : (xvii) any claim of repartition of an estate, holding or tenancy, or any question concerned 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."

Since the claim for partition of agricultural land could not be included in the civil suit filed by plaintiffappellant for possession by partition of Ghair Mumkin Bara and Ghaeir aforesaid, learned lower Appellate Court obviously erred in dismissing the suit for reasons of its being for partial portion. Assailed judgment and decree dated September 8, 1982, of the learned lower Appellate Court are, therefore, set aside and that of the learned trial Court dated November 19, 1979 are restored. Costs shall abide the event.