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J. B. PARDIWALA, R. MAHADEVAN
Abdul Rejak Laskar – Appellant
Versus
Mafizur Rahman – Respondent
JUDGMENT :
J.B. PARDIWALA, J.
For the convenience of exposition, the present judgment is divided into the following parts:
| INDEX | |
| A. | FACTUAL MATRIX |
| B. | SUBMISSIONS ON BEHALF OF THE APPELLANT/PLAINTIFF |
| C. | SUBMISSIONS ON BEHALF OF THE RESPONDENTS/DEFENDANTS |
| D. | ANALYSIS |
| i. | What is Partition? |
| ii. | Order XX Rule 18 of the CPC |
| iii. | When does Section 154(1)(e) bar the jurisdiction of civil courts? |
| E. | CONCLUSION |
1. Leave granted.
2. This appeal arises from the judgment and order passed by the Gauhati High Court in Regular Second Appeal No. 243/2014 dated 22.08.2022, by which the second appeal filed by the respondents herein (original defendants) came to be allowed thereby setting aside the Judgment and order passed by the First Appellate Court and restoring the Judgment and decree passed by the Trial Court.
3. For the sake of convenience, the appellant – herein shall be referred to as the original plaintiff and the respondents – herein shall be referred to as the original defendants.
A. FACTUAL MATRIX
4. The facts giving rise to this appeal may be summarized as under.
a. It is the case of the appellant herein (original plaintiff)
The jurisdiction of civil courts is barred under Section 154(1)(e) of the Assam Land Revenue Regulation if the plaintiff is not in possession of the land and fails to meet the conditions for imperfec....
Civil Courts cannot adjudicate matters concerning partition as per H.P. Land Revenue Act, Section 171, which restricts jurisdiction in partition disputes, asserting that remedy lies within revenue au....
The main legal point established in the judgment is the limitation of the Civil Court's power in executing partition and delivering possession in cases of partition of agricultural land, as clarified....
Civil courts lack jurisdiction to challenge partition proceedings by revenue authorities unless a question of title arises or jurisdictional defects are alleged, as prescribed by Section 171 of the H....
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