VidhiSangh

Supreme Court of India · 19/12/2024

ABDUL REJAK LASKAR versus MAFIZUR RAHMAN & ORS.

[2024] 12 S.C.R. 1911 · 2024 INSC 1023

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Summary

The Supreme Court held that Section 154(1)(e) of the Assam Land and Revenue Regulation, 1886 did not bar a co-owner's civil suit for partition and recovery of his share of a revenue-paying estate where the revenue authority had refused partition because he lacked possession and his co-sharers' consent. Civil courts retain jurisdiction to declare rights and shares, while actual division is left to the Collector under Section 54 and Order XX Rule 18 CPC.

Issues

  1. Whether Section 154(1)(e) of the Assam Land and Revenue Regulation, 1886 barred a civil suit for partition and recovery of possession of the plaintiff's share, after the revenue authority refused imperfect partition because he was not in actual possession and lacked his co-sharers' consent.
  2. What role the civil court and the Collector respectively play in partitioning an estate assessed to land revenue under Section 54 and Order XX Rule 18 CPC.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment in the second appeal set aside and the first appellate court's decree of 16.05.2014, entitling the appellant to partition and recovery of his share with a precept to the Collector to effect partition, restored; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1911.