Section 117
Disposal of questions as to title in property to be divided.
The Punjab Land-Revenue Act, 1887
About this Act
An Act to amend and declare the Land-revenue Law of the Punjab.
(1) When there is a question as to
title in any of the property of which partition is sought, the Revenue-officer may decline to grant the
application for partition until the question has been determined by a competent Court, or he may himself
proceed to determine the question as though he were such a Court.
(2) Where the Revenue-officer himself proceeds to determine the question, the following rules shall apply, namely:—
(a) If the question is one over which a Revenue Court has jurisdiction, the Revenue-officer shall proceed as a Revenue Court under the provisions of the Punjab Tenancy Act, 1887 (XVI of 1887).
(b) If the question is one over which a Civil Court has jurisdiction, the procedure of the Revenueofficer shall be that applicable to the trial of an original suit by a Civil Court, and he shall record a judgment and decree containing the particulars required by the Code of Civil Procedure to be specified therein.
(c) An appeal shall lie from the decree of the Revenue-officer under clause (b) as though that decree were a decree of a district Judge in an original suit.
(d) Upon such an appeal being made, the Divisional Court or Chief Court, as the case may be, may issue an injunction to the Revenue-officer requiring him to stay proceeding pending the disposal of the appeal.
(e) From the appellate decree of a Divisional Court upon such an appeal a further appeal shall lie to the Chief Court if such a further appeal is allowed by the law for the time being in force.
(2) Where the Revenue-officer himself proceeds to determine the question, the following rules shall apply, namely:—
(a) If the question is one over which a Revenue Court has jurisdiction, the Revenue-officer shall proceed as a Revenue Court under the provisions of the Punjab Tenancy Act, 1887 (XVI of 1887).
(b) If the question is one over which a Civil Court has jurisdiction, the procedure of the Revenueofficer shall be that applicable to the trial of an original suit by a Civil Court, and he shall record a judgment and decree containing the particulars required by the Code of Civil Procedure to be specified therein.
(c) An appeal shall lie from the decree of the Revenue-officer under clause (b) as though that decree were a decree of a district Judge in an original suit.
(d) Upon such an appeal being made, the Divisional Court or Chief Court, as the case may be, may issue an injunction to the Revenue-officer requiring him to stay proceeding pending the disposal of the appeal.
(e) From the appellate decree of a Divisional Court upon such an appeal a further appeal shall lie to the Chief Court if such a further appeal is allowed by the law for the time being in force.