section 117
Disposal of questions as to title in property to be divided.
The Punjab Land-Revenue Act, 1887Tax1887158 sections12 chapters
Chapter IX PARTITION.
Statutory text
- (1) When there is a question as to title in any of the property of which partition is sought, the Revenue-officer may decline to grant the application for partition until the question has been determined by a competent Court, or he may himself proceed to determine the question as though he were such a Court.
- (2) Where 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 (XVI of 1887).
- (b) If the question is one over which a Civil Court has jurisdiction, the procedure of the Revenueofficer 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 district Judge in an original suit.
- (d) Upon such an appeal being made, the Divisional Court or Chief 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 Divisional Court upon such an appeal a further appeal shall lie to the Chief Court if such a further appeal is allowed by the law for the time being in force.
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