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section 112

Appeals to the Commissioner, and admission of objections

The Estates Partition Act, 1897
Civil1897113 sections11 chapters
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Chapter 11 Chapter 11

Statutory text
  1. (1) An appeal, if presented to the Commissioner, or to the Collector for transmission to the Commissioner, within one month from the date of the order appealed against shall lie to the Commissioner against every order of a Collector (whether such order be passed by the Collector in the first instance or in appeal from the order of a Deputy Collector)—
    • (a) rejecting an application for the partition of an estate or for the separation of a share, or putting an end to proceedings for effecting a partition or separation after the application has been admitted ;
    • (b) directing, under section 29, that an application for partition or separation be admitted ;
    • (c) directing, under section 38, that any proprietor shall pay more than his proportionate share of the cost of a partition ;
    • (d) made under section 50, adopting a record of existing rents and other assets of land ;
    • (e) refusing, under section 55, to approve a partition made by proprietors or by an arbitrator or arbitrators ;
    • (f) refusing to allow a partition to be made under section 76 in accordance with separate possession ;
    • (g) directing, under section 85, that any sum exceeding five hundred rupees shall be levied from the proprietor of an estate not under partition ;
    • (h) confirming, amending or rejecting, under section 86, an allotment made under section 84 ;
      • (i) made under section 88, when a dispute or doubt exists as to whether any land forms part of a parent estate ;
    • (j) imposing or confirming the imposition of a fine under section 107 : or
    • (k) imposing any fine amounting to more than fifty rupees, or directing the payment of any costs amounting to more than fifty rupees.
  2. (2) Objections to any other orders passed by the Collector shall only be admitted by the Commissioner if made when he proceeds to consider a partition under section 90 or section 91.

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