AI Overview...
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Partition Not Necessary for Remedy under Sections 251 and 251-A of Rajasthan Tenancy Act - The courts have clarified that partition of land is not a prerequisite for granting remedies related to easementary rights or opening new ways for tenants. An order can be issued after a summary inquiry if it is absolutely necessary, without requiring partition of the land. The focus is on the necessity of the relief rather than partitioning the land itself Hema Ram VS Ram Singh - Current Civil Cases, Hema Ram VS Ram Singh - Rajasthan.
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Easementary Rights and Opening of New Ways - Under Sections 207 and 251-A of the Rajasthan Tenancy Act, if a person claims a right of way based on easement, courts may direct the opening of a new way after a summary inquiry, provided it is absolutely necessary. The proceedings emphasize that such relief is granted based on necessity, not on partition or division of land Hema Ram VS Ram Singh - Rajasthan.
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Partition and Tenancy Rights - The case law indicates that even if land is partitioned, it does not automatically entitle or restrict tenants’ rights, especially concerning easements or ways. The courts have held that the termination of tenancy or rights cannot be solely dependent on partition, and remedies can be granted without partitioning land Rani Sundarammani VS Govt. of A. P. , Revenue Department - Andhra Pradesh.
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Legislative Context and Judicial Approach - The Rajasthan Tenancy Act and amendments (like the 1956 amendments to Bombay Tenancy Act) are within legislative competence, and their provisions regarding easements and rights are to be enforced without necessarily requiring partition. The courts focus on the necessity and fairness of the remedy rather than on partitioning land RAM RAM NARAIN MEDHI VS State Of Bombay - Supreme Court, Ram Ram Narain Medhi VS State Of Bombay - Supreme Court.
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Legal Procedure and Remedies - Orders under Civil Procedure Code and specific relief laws facilitate quick relief where necessary, emphasizing that partition is not a mandatory condition for granting relief related to easements or rights of way. The courts prioritize the necessity of the remedy over procedural complexities like partition Hema Ram VS Ram Singh - Current Civil Cases, Hema Ram VS Ram Singh - Rajasthan.
Analysis and Conclusion:
The main insight from the sources is that under the Rajasthan Tenancy Act, particularly Sections 207 and 251-A, the remedy for establishing easementary rights or opening new pathways does not require partition of land. Courts have consistently held that such relief can be granted on the basis of necessity after a summary inquiry, without resorting to partition. This approach aligns with judicial principles emphasizing fairness and practicality over procedural formalities, ensuring tenants’ rights are protected without unnecessary division of land Hema Ram VS Ram Singh - Current Civil Cases, Hema Ram VS Ram Singh - Rajasthan, Rani Sundarammani VS Govt. of A. P. , Revenue Department - Andhra Pradesh.
References:
- Civil Procedure Code, 1908 — Order XXXIX, Rule 1
- Rajasthan Tenancy Act, 1955 — Sections 207 & 251-A
- Bombay Tenancy and Agricultural Lands Act, 1948 (Amendments)
- Land Reforms Acts and relevant case law on easements and partition
Search Results for "Partition Not Necessary for the Remedy of 251 a Rajasthan Tenency Act"
• India - Current Civil Cases
SANGEET LODHA
(i) Civil Procedure Code, 1908 — Order XXXIX, Rule 1 — Rajasthan Tenancy Act, 1955 — Section 207 & 251-A — Tenant or group of tenants ... Tenancy Act, 1955 — Section 207 & 251-A — Easementary Right — Person claiming right to way on basis of easement — Must prima facie ... order directing opening of new way from holdings of khatedar tenant on being satisfied after summary inquiry — That it absolutely necessary ... it is absolutely necessary#....
2014 0 Supreme(Raj) 668 • India - Rajasthan
SANGEET LODHA
Rajasthan Tenancy Act, 1955 – Section 207, 251 and 351 – Easementary right – Agriculture field – Cogent ... directing opening of new way so from holdings of a khatedar tenant on being satisfied after summary inquiry that it is absolutely necessary ... terms that pending disposal of suit defendants may be restrained from obotructing existing way available to petitioner and may not ... that it is absolutely necessary and it is not for mere convenient e....
2006 0 Supreme(AP) 612 • India - Andhra Pradesh
RAMESH RANGANATHAN
Estates (Abolition and Conversion into Ryotwari) Act – Sections 9, 4, 68, 1 – A. P. ... and documentary, and are matters eminently suited for adjudication in a suit before the Civil Court of competent jurisdiction and not ... Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 – Section 8(1) – Entry of Land in Prohibitory records – Challenged – Action ... In State of Rajasthan V. ... Secondly, assuming that the partition was valid, the respondent had no right to terminate the tenancy#HL_....
1958 0 Supreme(SC) 154 • India - Supreme Court
B.P.SINHA, K.N.WANCHOO, K.SUBBA RAO, N.H.BHAGWATI, S.R.DASS
It was an Act further to amend the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. ... The impugned Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956 (Bom. ... The impugned Act is within the legislative competence of the State Legislature and is not a piece of colourable legislation. ... State of Rajasthan (4) ). ... If the rule-making authority abuses its power or makes any attempt to make the payment illusory the expropriated propri....
1953 0 Supreme(SC) 109 • India - Supreme Court
S.R.DASS, N.H.BHAGWATI, B.P.SINHA, K.SUBBA RAO, K.N.WANCHOO
The impugned Act, Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956 (Bom. ... Fact of the Case: The impugned Act, Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956 (Bom. ... S. 7 of the impugned Act is not bad by reason of excessive delegation of legislative power. ... State of Rajasthan, 1955-2 S C R 303 at p. 329 : ... 14. ... If the rule-making authority abuses its power or wakes any attempt to make the pay....
2022 0 Supreme(Raj) 153 • India - Rajasthan
DEVENDRA KACHHAWAHA
Civil Procedure Code,1908 - Order 19 Rule 2 - Specific Relief Act – Section 34 Indian Trust Act, 1882 – ... Section 3,19 and 20 - Indian Evidence Act – Section 41 and 43 - Hindu Succession Act 1956 – Section 8 – Property – Rent - Recover ... proved in favour of said was not become the sole owner of property at the time of execution of the sale-deeds, rent receipts were ... , and so far as is necessary to give, effect to the transfer, the transferor's right to joint possession or other ....
2025 0 Supreme(All) 3367 • India - IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SAURABH LAVANIA
(Paras 24, 24.6, 25) ... ... (B) Non-joinder of necessary parties in proceedings - Court emphasizes ... Bhoodan Yagna Act, 1952 - Sections 8, 9, 14, 15, and Rules 8, 9, 10, and 11 - Land disputes and grant of land - Petitioners challenge ... Consolidation authorities regarding land recorded in the name of one Gulab Chand as 'Sirdar' - Court finds entries in revenue records not ... the matter and therefore on that ground it is not necessary for us to dilate any more. ... According to the part....
1997 6 Supreme 530 • India - Supreme Court
G.B.PATTANAIK, K.RAMASWAMY, S.SAGHIR AHMAD
to law and declared such transfer as void except by way of testamentary disposition by a tribal to his kith and kin/tribal or by partition ... Section 3 of EP Act enjoins the Central Government that it should take such measures as it deems necessary or expedient for the purpose ... It is needless to mention that necessary sanction for exemption of said amount form income-tax liability, may be obtained; and the ... a member of a Scheduled Tribe; but does not include a partition or a dev....
2007 0 Supreme(Raj) 850 • India - Rajasthan
S.N.JHA, MOHAMMAD RAFIQ
Income Tax Act, 1961, Sec. 269-UC, Chapter XX-C – Pre-emption purchase order of property under chapter XX-C of the Act – Validity ... decision making process (v) decision is such that no reasonable person could on available material arrive at – The matter does not ... It was argued that the valuation on the basis of the rates notified by the Government for the purpose of registration of conveyance deeds under the Rajasthan Stamp Act was not relevant for deciding the controversy in ques....
2025 7 Supreme 644 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
do not resort to dilatory tactics, but seek their remedy promptly – Object of providing a legal remedy is to repair damage caused ... period for launching remedy may lead to unending uncertainty and consequential anarchy – Idea is that every legal remedy must be ... by reason of legal injury – Law of limitation fixes a lifespan for such legal remedy for redress of legal injury so suffered – Unending ... At this juncture, it would be apposite to refer to the decision of this Court in St....
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