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
, 2014 0 Supreme(Raj) 668.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 2014 0 Supreme(Raj) 668.
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 2006 0 Supreme(AP) 612.
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 1958 0 Supreme(SC) 154, 1953 0 Supreme(SC) 109.
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
, 2014 0 Supreme(Raj) 668.
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
, 2014 0 Supreme(Raj) 668, 2006 0 Supreme(AP) 612.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