Partition (Chapter IX)

(section 110 – 126)

 Why partition of land is necessary?

Often It is seen that when a person owns land which is under ownership then he faces various
problems regarding his rights over such land. when that person gets his share partitioned, he can
enjoy his rights on that land peacefully and without interference. in Punjab the procedure of the
land partition of land is provided under the Punjab land revenue act 1887, according to which the
partition can be concluded as per law.

Conditions:-
1. First that you should have ownership of the land and
2. Second that there should not be any dispute pending Before any Civil Court of the land relating
to such property and also there should not be any stay on the partition of such property.
 Types of partition

Private partition
Complete and incomplete partitions

The person demanding Complete partition - total severance of

the partition to the rights and liabilities
authority which affirmed
by the assistant
commissioner of 1st class If a fraudulent or erroneous distribution takes place,
the local Government may, at any time within twelve
years after the discovery of the mistake, order a fresh
distribution. For this purpose, the best estimate
possible must be made of the assets of each estate
at the time of its formation

Incomplete partition - The joint liability of

shareholder for the revenue of divided holding
are not affected
 Procedure

1. Application to Revenue officer

NRI cases to DRO (Section 111)

2. Necessary Documents

Jamabandi provide
the detail of the Aks sijra is the map
owner of the land. of the land to be
Naksha describes
the share of the partitioned.
owner of the land.
 Restriction and
Limitation on
partition (Section 112)

embankment, land which is

The right of watercourse, well occupied as the
occupancy must places of worship or tank, and any site of a town or
subsist and burial grounds land on which the village and is
(Mandatory) held in common supply of water to assessed to land
any such work revenue
may depend
A mortgagee cannot apply for partition unless he proves that he is entitled to it
by custom or by terms of his mortgage

Desh Raj v. Om Prakash

The Financial Commissioner of Punjab held that the code of civil procedure
does not apply to the partition proceedings under Chapter 9 of the Land
Revenue Act

Bir Bhan v. Surajmuni1

Court observed that the partition proceedings are commenced with
presentation of application for partition of joint holding before the Astt.
Collector, First Grade in Punjab & Astt. Collector, Second Grade in Haryana.
There after the application is processed, if the Revenue Officer does not
disallow it, he will ascertain the questions, if any in dispute between the parties
with regard to title in the land to be partitioned under section 116 of the Act.
 3. Summoning means, the DRO admits the case. When the DRO
admits a case for partition the opposite party is informed by
sending a notice. (Section 113)

4. Modes Of Summoning

First is summoning
via Tehsildar Court Second is The third is Publication.
or registered post. munadi which is Third one is Publication
repealed now. through Publication in the
local newspaper one can
notify the general public
regarding that matter.
In Punjab land revenue act 1887 in December 2020 some amendments have
been made as per which Summon can also be sent through mobile contact
number or Email Id.

Section 114 - Revenue Officer may add any person as applicant for partition if
such a co-sharer desires the partition of his share also.

Absolute Disallowance of Partition

Section 115 - Revenue Officer may, disallow the partition in those cases only
where application is made for the partition of common path, common water-
course or such like place, used for common purposes.
good and sufficient cause are the grounds of his refusal
 5. Settlement of Disputes By Conciliation (Section 115-A)
Another amendment made in Punjab land revenue act 1887 according to
which when both parties appear in the court, the court will set up a panel of
three members which will try to get the partition done via a compromise
between both the parties.

If parties compromise regarding

If both the parties do not the partition of the land it will be
reach any conclusion the done as per such compromise.
court will do partition as per
the normal procedure.

6. Another amendment made in Punjab land revenue act 1887 according to

which when both parties appear in the court, the court will set up a panel of
three members which will try to get the partition done via a compromise
between both the parties.
7. Mode of partition - If the parties do not reach any conclusion the statement over the
partition mode is recorded in the court by both the parties. Basically in the statement it
is written how the partition will be done.

Narinder Singh v. Jagdip Singh - Court laid down the following factors which the
Revenue Officer may keep in view while sanctioning the mode of partition:

✓ Rule of equal proportion of each class of land.

✓ Rule of possession up to the extent of share of each c sharer in different class of land.

✓ Allowance to be made for labour spent, by a co-sharer in effecting improvement.

✓ Some adjustments may have to be made in each cases, where possession and
entitlement do no match exactly.

✓ Point of agricultural efficiency can also not to be lost sight of.

✓ An integrated approach should be made and fragmentation of holding be kept to

minimum.
8. After recording the statement of the mode of partition an order will be passed by
the court which is called order of mode of partition i.e. Tarika tazwiz. In Tarika tazwiz it
is described how will the final partition be done.

9. The order is prepared and send to Kanugo and Patwari of that area to prepare the
final naksha.

10. Based on this order the final Naksha will be prepared and sent back to the court.
 11. Ones the final Naksha is received in the court, the court will ask both parties to
file their objections on final Naksha.

12. If both the parties do not object to the Naksha then partition will be finalised
accordingly, if any party or both the parties have an objection over Naksha then it is the
discretionary power of the court to accept or reject such objections.

13. As per Latest amendment when the court finalise the partition case and no
appeal is pending regarding the same the applicant can file the application for
preparing a Sanad taksim i.e. instrument of partition.

14. After Sannad Taksim is ready, the court will issue a warrant of possession i.e. dakhal
warrant based on which position of the land i.e Kabza karwayi will be done.
15. Once a warrant of possession has been issued to Kanugo and Patwari, they
inform both the parties of the matter and fix a date for possession.

16. On the fixed date the possession given to the parties.

17. After completing this process the file will be sent back to the DRO office

18. Mutation regarding partition will be entered in the latest revenue record.
Basic Principle Of Partition
The law of partition is that co-sharers who come forward for seeking partition of the land have to
display clear title qua the land proposed to be partitioned, and in the absence of the clear title all
proceedings are nullity

Where Title Is Doubtful

Revenue Officers are required to proceed with partition of property only in such cases where the title of
parties is clear.

Partition Of A Well
Not possible to divide a well into separate physical parcels for allotment to each co-sharer. Must have or
more wells, partition may be effected for its supply of water on that well. Well may be excluded from
partition and retained as the joint property of co-sharers.

Place Of Worship
In case of objection that actual partition should not be affected as land a place of worship.
Rights Of Co-Owner
Rights of co-sharers and their liabilities inter se were settled by a Division Bench in Sant Ram Nagina
Ram v. Daya Ram Nagina Ram[viii], and the following propositions, inter alia, were settled:
1.A co-owner has an interest in the whole property and also in every parcel of it.
2.Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but on are
actually out of possession.
3.A mere occupation of a larger portion or even of an entire joint property does not necessarily amount to
ouster as the possession of one is deemed to be on behalf of all.
4.The above rule admits of an exception when there is ouster of a co-owner by another. But in order to
negative the presumption of the joint possession on behalf of all on the ground of ouster, the possession of
a co-owner must not only be exclusive but also hostile to the knowledge of the other as, when a co-owner
openly asserts his own title and denies that of other.
5.Passage of time does not extinguish the right of the co-owner who has been out of possession of the joint
property except in the event of ouster or abandonment.
6.Every co-owner has a right to use the joint property in a husband like manner not inconsistent with similar
rights of other co-owners.
7.Where a co-owner is in possession of separate parcels under an arrangement consented by the other co-
owners, it is open to anybody to disturb the arrangement without the consent of other except by filing a suit
for partition.