LAND LAWS

A PROJECT REPORT

SUBMITTED TO ARMY INSTITUTE OF LAW

IN PARTIAL FULFILMENT OF THE REQUIREMENT

FOR THE DEGREE

OF

B.A. L.LB

FOURTH YEAR

2017-2018

ESSENTIAL FEATIURES OF PUNJAB LAND REVENUE

ACT,1887

SUBMITTED TO: SUBMITTED BY: JUHI

BHUTANI

Ms. Kirandeep Kaur ROLL NO. 1471

 CERTIFICATE:
THIS IS TO CERTIFY THAT I JUHI BHUTANI ROLL NO 1471 HAS WORKED FOR HER

B.A. L.LB PROJECT REPORT UNDER DIRECT AND CLOSE SUPERVISION. THE

PROJECT WORK ENTITILED ESSENTIAL FEATURES OF PUNJAB LAND REVENUE

ACT, 1887 EMBODIES ORIGINAL PIECE OF WORK DONE BY ME AND IS A

BONAFIDE PIECE OF WORK.

 ACKNOWLEDGEMENT

I am thankful to everyone who supported me for I have completed my project effectively and

efficiently.

I am equally thankful to my LAND LAWS teacher Mrs. Kirandeep Kaur who guided me at every

step with the project matter with utmost patience.

Last but not the least I want to thank my friends and batch mates for lending a helping hand and

suggesting ideas for improvement in my project.

 INDEX

TITLE PAGE NO.

Introduction and scope and 5

applicability

Definition of Keywords 6-7

Exclusion of land from revenue 7-8

Revenue officers 8-9

Assessment 9-13

Collection 13-14

Partition and Conclusion 14-17

INTRODUCTION- This act provides for amendment and declaration of the Land Revenue Law
of Punjab. It deals with matters of making and maintenance of record of rights in the land, the
assessment and collection of land revenue and other matters relating to lands and liabilities incident
thereto1. It has been incorporated on 23rd September, 1887. This Act has provisions for appointing
certain Officers to fulfill the intention of this Act. For this purpose certain classes of Revenue
Officers were appointed which includes Revenue Board, Commissioner, Assistant Commissioner,
Collector, Assistant Collector first grade and second grade. The Central Government shall have
every right to appoint any number of Officers as it deems fit in pursuance to this Act. This also
manages to delegate the powers to all class of revenue authorities or Officers by notification in the
Official Gazette. In case if there is any lacuna or absence of certain necessary procedure, the Board
of Revenue shall with the prior permission shall make such rules and regulations in pursuance to
the necessity of the situations.

SCOPE AND APPLICABILITY- This act applies to all revenue courts authorities but it does not
limit or otherwise effect any special rule, regulation, notification, or official orders passed under the
act by the financial commissioner. This Act shall not be applicable to all areas. If the Government
feels that certain areas are unsuited for this Act, with the notifications in the Official Gazette shall
avoid implication of such proceedings under this Act. In case of recording, survey and recovery of
Village cess proper rules for administration shall not be made to any land that is not under the
purview of this Act. The Collector has the rights to notify any inclusion or exclusion of lands in
pursuance to this Act by general Order or special Order of the Revenue Board for the assessment of
land revenue. It extends to all areas of Punjab and Haryana.2

A) DEFINITIONS OF KEYWORDS- They are given in section 3 of the act and some of the
important definitions are-

1. “estate” means any area3—

(a) for which a separate record-of-rights has been made; or
(b) which has been separately assessed to land revenue, and is so assessed if land revenue is not
compounded , released or redeemed.
(c) which the State Government has specified by a special or a general order.

2.“land-owner” is a person to whom a holding has been transferred or estate has been let in farm or
who has possession of an estate or enjoys profits of the estate .For the purpose of recovery of
arrears of land revenue. The exclusions are tenant or assignee of land revenue.
Cases- 1)Ganeshi v. Tekan4 and others, in this case Financial commissioner Punjab, held that there
is a clear distinction between term ‘landowner’ and ‘owner of land’. According to this act the term
‘landowner has a much wider scope.
2) Jasmer Singh v. State of Punjab5, the Court held that the landowner as defined may not be
the owner of the land. Every other person who is in possession of the estate or enjoyment of profits
of an estate is considered as land owner.

1
Preamble to the Punjab Land Revenue Act, 1887
2
P.S. Khurana , ‘A Treatise on Land Laws’, Shree Ram Law House, 14 e.d.,2
3
Section 3(1)
4
1957 PLJ 27
5
1989 PLJ 288
 3.“holding” means a share or portion of an estate held by the land-owner or jointly by two or more
land-owners.6
4.‘rent’ ‘tenant’ ‘landlord’ ’tenancy’ have same meanings as that of Punjab Tenancy Act, 1887.7
They are as follows-
i)rent means whatever is payable to a landlord in money, kind or service by a tenant on account of
the use or occupation of land held by him(section 2[3])

ii) tenant means a person who holds land under another person, and is, or but for a special
contract would be, liable to pay rent for that land to that other person; but it does not
include(section 2[5])

(a) an inferior landowner; or

(b) a mortgagee of the rights of a landowner, or
(c) a person to whom a holding has been transferred, or an estate or holding has been let in farm,
under the Punjab Land-revenue Act, 1887, for the recovery of an arrears of land-revenue or of a
sum recoverable as such an arrears ; or
(d) a person who takes from the Government a lease of unoccupied land for the purpose of
subletting it;
iii) landlord means a person under whom a tenant holds land, and to whom the tenant is, or but for a
special contract would be, liable to pay rent for that land(section 2[6])
iv)tenancy means a parcel of land held by a tenant of a landlord under one lease or one set of
conditions.

5. “land-revenue” includes assigned land-revenue and any sum payable in respect of land, by way
of quit-rent or of commutation for service, to the Government or to a person to whom
the Government has assigned the right to receive the payment8. The arrears of land revenue can be
recovered as prescribed in section 67-75 of the Act.
6. “Net-assets” of an estate or group of estates means the estimated average annual surplus produce
of such estate or group of estates which remains after deduction of the ordinary expenses of
cultivation as ascertained or estimated.9

7.“Assessment Circle” means a group of estates which in the opinion of the Financial
Commissioner are recorded in an order of writing and are sufficiently homogeneous to admit
common set of rates which are used as a general guide in calculating the land revenue to be
assessed.10

B) EXCLUSION OF CERTAIN LAND FROM OPERATION- The term land has not been
defined anywhere in the act . In ordinary sense, the term land covers all kinds of land irrespective

6
Section 3(3)
7
Section 3(4)
8
Section 3(6)
9
Section 3(18)
10
Section3(19)
of the use to which is put.This act provides for certain lands which should be excluded from the
operation of the land revenue. However, it must satisfy11 two conditions-

a) It is occupied as site of a village.

b) It is not assessed to land revenue.
CASES- 1) Ram Kanwar and others v. Smt. Bhagwanti and others12 the Court held that the
expression ‘site of a village’ has to be constituted in relation to revenue record as prepared at time
of settlement. The areas which are demarcated for construction of residences or for tethering of
cattle or storage if manure. To be kept out of the definition until included in site of village in new
settlement.
2)Jiwa v. Karan Baksh13 , the court held that it always not true that merely because a particular
area of land which is not assessed to land revenue happens to have been included in , for purposes
of jurisdiction within limits of a municipal committee. It ispo facto becomes site of a town and
including it within municipal limits makes it a site of a village.
C) REVENUE OFFICERS AND THEIR POWERS- There are 5 classes of revenue officers14
a) Financial commissioner
b) Commissioner
c)Collector
d)Asst. Collector first grade
e)Asst. Collector second grade
C.1Appointment – The act prescribes that state govt. may appoint Assistant Commissioner,
Extra Assistant Commissioner or Tehsildar to be an Assistant Collector of the first or of the second
grade, as it thinks fit, and any Naib-Tehsildar to be an Assistant Collector of the first or second
grade to discharge duties under this act.15 Section 6(4) further empowers the Govt. to appoint ant
person or co-person as revenue officer.
C.2Jurisdiction- It lays down the jurisdiction of revenue officers. The financial commissioner’s
jurisdiction extends to the whole of territories of state govt. of Punjab and Haryana. 16 The
commissioner, collector and assistant collectors have jurisdiction above their respective division
and district in which they are employed.
It further provides that State Govt. may appoint one or more financial commissioners. For
distribution of duties State Govt. may make rules for the same when there are more than one
financial commissioner. If there is difference of opinion than the opinion of majority works if no
opinion of majority than original order is affirmed17.

11
Section 4
12
1988 LJR(Rev.) 423
13
1925 LLT 3
14
Section 6
15
Section 6(3)
16
Section 6(5)
17
Section 7
C.3Powers-
The power of superintendence and control is given to financial commissioner which is subject to
control of State Govt.18 In Mohan Singh v. The Financial Commissioner19, Punjab it was held
that the status of standing orders passed by financial commissioner is not more than that of
administrative directions or executive orders passed under section 11.
The power of distribution of business and withdraw of cases is given to financial commissioner,
collector and commissioner.20
C.4 Appeals An appeal shall lie from an original or appellate order of a Revenue-officer as
follows, namely:

(a) to the Collector when the order is made by an Assistant Collector of either grade;
(b) to the Commissioner when the order is made by a Collector;
(c) to the Financial Commissioner when the order is made by a Commissioner:
It further provides that when an original order is confirmed on first appeal than no further appeal
shall lie.21 If order is modified or reversed on appeal by collector the order made by commissioner
on further appeal shall be final. No one can remand the case to lower authority except the first
appellate authority. No appeal shall lie against interim order.
In Kartar Kaur v. State of Haryana22 the Court held that the right of appeal is vested right and is
given by law prevailing on the date of institution of suit or proceedings and not on the dtae of filing
appeal. It can be taken by a subsequent enactment if expressly provides.
Appeals in partition cases- In Santa Singh v. Smt. Rana23 the Court held that orders sanctioning
mode of partition is an appealable order.
Appeals in lambardari cases- In Umed Singh v. Muriga Ram24 it was held that choice of
collector in appointing of lambardar cannot be interfered in passing of appeal unless it is proved
that his reasoning is perverse .
Limitation period – It starts from date of order and not from date of knowledge.25
Time period – a)appeal to collector – 30 days
b)appeal to commissioner- 60 days
c)appeal to financial commissioner-90 days.
In Rama Phula Singh v. Gurprret Singh26 , Financial Commissioner held that period of
limitation starts to run from the date on which order or decree is communicated and not fro date of
decree.

18
Section 11
19
1966 PLR 377
20
Section 12
21
Section 13
22
1985 RRR 615 (P& H)
23
1975 PLJ 378 FCP
24
1992(1) LJR 593
25
Section 14
26
1955 LTT17 (FCP)
There is an additional power to call for and examine and revise proceedings. This power is vested
in financial commissioner and commissioner and it is very wide and unfettered27. It does not lay
down limitation for filing the revision. The revisional authority can pass any order and at any stage
of proceedings or against final order passed by any revenue officer subordinate to him in relation to
any proceedings or order passed under this act. It was amended in 1998. In Joginder Singhv.
Financial Commissioner., Punjab28 it was held that power of financial commissioner is wider
than revisional power of High Court under section 115 CPC.
This act further impregnates the State Govt. to frame rules consistent with provisions of this act.
These rules maybe framed in respect of those issues only for which a procedure has not been
prescribed. It further provides that the revenue officer who has called the report may decide the
case on the basis of the report. Before deciding the case on basis of the report an opportunity of
hearing must be given to parties concerned.29
The revenue officers have powers to summon persons He may do so if he considers his attendance
necessary for purpose of any business under this act. 30The person who has been summoned shall
appear at the time and place mentioned in summons. He is bound to state the truth for purpose of
examination.
D) REVIEW BY REVENUE OFFICERS- The revenue officer has the power to review his own
order and those of predecessors , provided that no appeal has been there . It is subject to prior
permission of higher revenue officers. The application for review can only be entertained when
such an application is presented within 90 days31 the date order but no limitation is prescribed when
the revenue officer is reviewing his own order or motion. In Ved Prakash v. State of Punjab,32 it
was held that an order to be reviewed under section 15 cannot be done unless notice is issued to
parties affected.
E) REVENUE RECORDS- Record of rights consist many documents which are enumerated in
Section 31(2) of the act. They are as follows-

a) the record-of-rights for an estate shall include the following documents, namely: -
(a) statements showing, so far as may be practicable: -
(i) the persons who are land-owners, tenants or assignees of land-revenue in the estate or who
are entitled to receive any of the rents, profits or produce of the estate or to occupy land therein;
(ii) the nature and extent of the interests of those persons, and the conditions and liabilities
attaching thereto;
(iii) the rent, land-revenue, rates, cesses or other payments due from and to each of those
persons and to the Government;
b) a statement of customs respecting rights and liabilities in the estate
(c) a map of the estate; and

27
Section 16
28
2003(2) RCR CIVIL 461 (P&H)
29
Section 17
30
Section 16
31
Section 15
32
1970 PLJ 244
(d) such other documents as the Financial Commissioner may, with the pervious sanction of
the State Government prescribe.
E.2Object- It is necessary due to following reasons-
a)to make assessment of land revenue estate wise
b)to recover land revenue from proprietors and persons likely to pay it.
c)to minimize litigation.
Cases-1) In Chotti Khan v. Mal Singh33 the Supreme Court held that the enteries in recording of
rights are presumed to be true unless the contrary is proved.
2) In Prem Singh v. Hukami34, it was held that once the entries are made in Jamabandi . The
revenue officer’s jurisdiction is ceased and the aggrieved party can approach civil court for the
same.
E.3 Special Revision Of Record Of Rights. It authorizes the commissioner to revise the record of
rights. It allows in 2 cases
a) where record of rights of estate does not exist
b)the existing record of rights require special revision.
E.4Object- It helps in-
i) informing the residents of that estate that govt. is revising or preparing new record of rights
ii)to close the door of the Civil Court from entertaining civil suits in respect of land covered under
notification
iii) to give power to settlement officer to determine question title or allied rights in land.
E.5 Details About Annual Record. The power is given to collector to issue direction to patwari of
each estate to prepare revised edition of record of rights either manually or at such intervals as the
financial commissioner directs35It is compulsory that revised entries must contain all particulars
given in section 31. The maintenance of register of mutation by patwari of each estate is necessary.
E.6.The Annual Record Will Consist of – a) jamabandi
b)maps as required to show changes in the estate.
c) a list of revenue assignments.
The annual record is different from standing record as standing record was the one which was made
at a settlement after 1887. In Mohinder Singh v. State of Punjab36, it was held that the financial
commissioner had no jurisdiction to order correction in jamabandi by resorting to administrative
powers in section 11 of the act. However he may take a suo motto notice of fraudulent entry in
record of rights.

The act also provides for restrictions on variations of entries in records37: - Entries in record-of-
rights or in annual records, except entries made in annual records by Patwaris under clause (a) of
33
AIR 1954 SC 575
34
1981 LLT 7
35
Section 33
36
2011 (1) RCR Civil 107(P&H)
37
Section 36
section 35 with respect to undisputed acquisitions of interest refered to in that section, shall not be
varied in subsequent records otherwise than by--
(a) making entries in accordance with facts proved or admitted to have occurred;
(b) making such entries as are agreed to by all the parties interested therein or are supported by a
decree or order binding on those parties;
(c) making new maps where it is necessary to make them.
E.7.What Is Mutation Fees?- State Government may fix a scale of fees for all or any classes of
entries in any record or register under this Chapter and for copies of any such entries. 38 Its a fee in
respect of any entry shall be payable by the person in whose favour the entry is made.
E.8 Penalty- Penalty for neglect to report acquisition of any right as any person neglecting to make
the report required by section 34 within three months from the date of his acquisition of a right
referred to in that section shall be liable, at the discretion of the Collector, to a fine not exceeding
five times the amount of the fee which would have been payable according to the scale fixed under
the last foregoing section if the acquisition of the right had been reported immediately after its
accrual39.
E.9.Obligation There is an obligation to publish information necessary for the preparation of
records are there for any person whose rights, interests or liabilities are required to be entered in
any record under this Chapter shall be bound to furnish, on the requisition of any Revenue-officer
or village-officer engaged in compiling the record, all information necessary for the correct
compilation thereof.40
In Mohama Singh v. Naginder Singh41 , the Court held that record of rights are no substitute to
title deeds and the revenue entries are not foundation of title but only a piece of evidence. This
presumption is rebuttable.
F) ASSESSMENT- Chapter V of the act deals with assessment of land revenue. Section 48 to 60
deal with this.
All land wherever it is situated it is liable to payment of land revenue to government except it has
been wholly exempted of the liability of the govt or any laws for the time being in force. 42
[1-A] this sub section is applicable to Punjab only it provides for exemption of land owners or co-
owners of one or more estate or one or more holdings if these conditions are satisfied-
a) the area of such land does not exceed 5,000 acres
b) and the person furnishes proper particulars as the authority may prescribe.

38
Section 38
39
Section 39
40
Section 40
41
1970 PLJ 347
42
Section 48
[1-B] This sub section says that the records which are required to be furnished have to be correct if
they are not than he is liable to pay a penalty for the same and it is in addition to land revenue
which he is liable and not exceeding 20 times the value of land revenue.
F.2Basis Of Assessment- It is applicable to Punjab only. The assessment of land-revenue shall be
based on an estimate of (a) the average money value of the net assets of the estate or group of
estates in which the land concerned is situated ; or
(b) in the case of special assessment of land put to non-agricultural use in an assessment circle or
part thereof,
(i) on the average net letting value of category and class of sites ;or
(ii) where for any reason it is not possible to ascertain the net letting value,
on the average market value of sites as determined in the manner prescribed43
F.3Limits of assessment-. If the land-revenue is assessed as fixed annual charge the amount
thereof, and, if it is assessed in the form of prescribed rate, the average amount which according to
an estimate in writing approved by the State Government will be leviable annually, shall not, in the
case of any assessment circle,44 exceed one-forth of the estimated money value of the net assets of
such assessment circle or in the case of special assessment on a category and class of sites of land
put to non-agricultural use in an assessment circle or part thereof
(a) exceed one-fourth of the estimated average not letting value; or
(b) exceed two to four per cent of the average market value; or
(c) in the case of sites lying vacant and out of use, exceed one per cent of the average market value
F.4General Assessment-Assessment of land revenue can be special or general. A general
assessment is one in which previous sanction of govt. is necessary45. The State Govt. while
granting such sanction may prescribe instruction which are consistent with the provisions.
F.5Mode of Determination- It is done by revenue officer. Before doing that he shall report
through the financial commissioner for sanction of the State Govt as provided by section 50 of the
act.
F.6Application For Reconsideration- The application for assessment can be reconsidered46
(1) The land-owner may, within thirty days from the date of the announcement of the assessment,
present a petition to the Revenue-officer for a reconsideration of the amount, form or conditions of
the assessment
(2) Where the land-revenue is assigned, the assignee thereof may within thirty days from that date,
present a like petition to the Revenue-officer.

43
Section 48- A
44
Section 48-B
45
Section 49
46
Section 52
 (3) The order passed by the Revenue-officer on the petition shall set forth his reasons for granting
or refusing it.
F.7Duration Of Assessment- The assessment shall not be considered final unless it is confirmed
by the State Govt.47 The financial commissioner and commissioner can modify the assessment
before it is confirmed by State Govt. Furthermore in section 53-A when State Govt. gives as
sanction it shall mention the time period for which it will remain enforced. The period fixed is forty
years. However there are certain exceptions to the same which are as follows-
i) a period not exceeding forty years and not shorter than ten years may be fixed for any area,
specified by the State Government, in which canal irrigation has been introduced after the date of
the orders passed under the provisions of sub-section (1) of section 51 at the last previous
assessment or which it has been proposed to introduce such irrigation during the period fixed;
(ii) a period not exceeding forty years and not shorter than twenty years may be fixed on the expiry
of a period fixed under the provisions of clause (i) of this proviso.
(iii) nothing in this sub-section shall affect any assessment in force at the time of the
commencement of the Punjab Land Revenue (Amendment) Act, 1928, or apply to an area which
has been declared to be an urban assessment circle under the provisions of sub-section (4) of
section 51.
F.8Refusal To Be Liable For Assessment And Consequences Thereof- The person can
sometimes refuse to be liable for assessment as this act provides.48
At any time within ninety days from the date of the announcement of an assessment the land-
owner, or where there are more land-owners than one, any of them who would be individually or
collectively liable for more than half the sum assessed, may give notice to the Revenue-officer of
refusal to be liable for the assessment.
(2) When the Revenue-officer receives a notice under sub-section (1), the Collector may take
possession of the estate and deal with it, as nearly as may be, as if the annulment of the assessment
thereof had been ordered as a process for the recovery of an arrear of land-revenue due thereon.
(3) While the estate is in the possession of the Collector, the land-owner or land-owners shall be
entitled to receive from the Government an allowance, to be fixed by the Financial Commissioner,
which shall not be less than five or more than ten per cent of the net income realized by the
Government from the estate.
F.9Special Assessment-This act provides for certain special cases where special assessment can be
made by the revenue officers.49 They are –
a) when land-revenue which has been released or assigned is resumed;

47
Section 53
48
Section 55
49
Section 59
(b) when lands are sold, leased or granted by the Government
(c) when the assessment of any land has been annulled or the land-owner has refused to be liable
therefore, and the term for which the land was to be managed by the Collector or his agent let in
farm has expired;
(d) when assessment of land-revenue require revision in consequence of the action of water or sand
or of calamity of season or from any other cause;
(e) when revenue due to the Government on account of pasture or other natural products of land, or
on account of mills, fisheries or natural products of water or on account of other rights described in
section 41 or section 42, has not been included in an assessment made under the foregoing
provisions of this Chapter;
(f) when assessment of land-revenue requires revision in consequence of the land being put to a use
different from that for which an assessment is in force.
G) COLLECTION OF LAND REVENUE- Chapter VI of the act hereby including section 61-96
mention about collection of land revenue.
G.1Security For Payment Of Land Revenue- The provision of the act mentions that
(1) In the case of every estate, the entire estate and the land-owner or, if there are more than one,
the land-owners jointly or severally, shall be liable for the land-revenue for the time being assessed
on the estate:
Provided that-
(a) the State Government may by notification declare that in any estate a holding or its owner shall
not be liable for any part of the land-revenue for the time being assessed on the estate except that
part which is payable in respect of the holding; and
b) where there superior and inferior land-owners in the same estate, the Financial Commissioner
may by rule, or by special order in each case, determine whether the superior or inferior land-
owners shall be liable for the land-revenue, or weather both shall be so liable and, if so, in what
proportions.
(2) A notification under proviso (a) to sub-section (1) may have reference to any single estate or to
any class of estate or estates generally in any local area.50 In Sardara Singh v. Sardara Singh51 it
was held that the responsibility in Punjab to pay land revenue is on land owner. Section 61 causes
this responsibility to be joint and several.
G.2Orders To Regulate Payment Of Land Revenue The act gives this power to the financial
commissioner.52 He fixes the amount of the instalments, and the times, places and manner, by, at
and in which land-revenue is to be paid. Until the Financial Commissioner otherwise directs land-

50
Section 60
51
1976 PLJ 199
52
Section 63
revenue shall be payable by the instalments, at the times and places and in the manner by at and in
which it is payable at the commencement of this Act.
Costs can be recoverable as arrears of land revenue in respect of the process which is issues as
given in section 65 of the act. Furthermore section 66 says that the statement of account certified by
revenue officer shall be the conclusive proof for the existence of land revenue.
G.3Process Of Recovery Of Arrears The arrears can be recovered53 by following methods-
(a) by service of writ of demand on the defaulter
(b) by arrest and detention of his person;
(c) by distress and sale of his movable property and uncut or ungathered crops
(d) by transfer of the holding in respect of which the arrear is due;
(e) by attachment of the estate or holding in respect of which the arrear is due;
(f) by annulment of the assessment of that estate or holding;
(g) by sale of that estate or holding;
(h) by proceeding against other immovable property of the defaulter;
G.4Writ Of Demand as given in section 68 can be issued by a revenue officer on or after the day
following that on which arrears of land revenue has accrued. The issuance of writ of demand is a
process to be adopted by the revenue officer requesting or making a demand from the defaulter.
Basically it is a reminder to defaulter and shows the amount of arrears to be paid by him. In
Maharaja Sukhjot Singh v. Dial Singh54 in this case it was said the arrears of land revenue
cannot be accrued before the date of expiry. The writ of demand can only be issued after that.
G.5Arrest and detention of defaulter- The revenue officer can issue a warrant of detention and
arrest for the defaulter for the recovery. If the revenue officer is produced before the officer he has
two options firstly, he may send him to55 the collector or secondly he may keep him in personal
restraint. If he keeps him in his personal restraint than he cannot keep him for more than 10 days. In
Joginder Singh v. Haryana Khadi and Village Industry56 it was said that authorities before
taking coercive methods of arrest and detention shall firstly try to recover arrears of land revenue
by sale of immovable property mortgaged with the board.
H) PARTITION Chapter IX of the act deals with partition. Sections 110-126 of the Act confer
right to a co-sharer to get his joint property partition without any restriction. Chapter 9 envisages
two types of partition. Firstly, a partition of joint holding by the owners of the land and secondly,
partition of tenancy by the Court Tenants.

Application for the partition of his share in the land or tenancy if the following conditions are
fulfilled-
53
Section 67
54
1968 LLT 16
55
Section 69
56
1989 (2) LJR 548
1. The right of occupancy must subsist at the time submission of the application.
2. The share is recorded under Chapter 4 as belonging to him at the time of the date of
application.
3. The right to share has been established by the decree which is still subsisting at the date of
application.
4. A written acknowledgement of the right has been executed by the all persons interested in the
admission or denial thereof.

Among all the four conditions mentioned above, first condition is mandatory and this kind of
occupancy can be established by fulfilling either of the other three conditions. In Desh Raj v. Om
Prakash57, the Financial Commissioner of Punjab held that the code of civil procedure does not
apply to the partition proceedings under Chapter 9 of the Land Revenue Act.

H.1Basic Principle Of Partition-The law of partition is that co-sharers who come forward for
seeking partition of the land have to display clear title qua the land proposed to be partitioned, and
in the absence of the clear title all proceedings are nullity58

H.2Types Of Partition

Complete and incomplete partitions-Where a complete partition is made, there is a total severance
of rights and liabilities. They have always been looked on with much disfavour in Punjab, where
they cannot be carried out without the express consent of the Financial Commissioner. The officer
who makes the partition is required to distribute the revenue of the divided land over the new
holdings that have been created59. If in the case of a complete partition a fraudulent or erroneous
distribution takes place, the local Government may, at any time within twelve years after the
discovery of the mistake, order a fresh distribution. For this purpose, the best estimate possible
must be made of the assets of each estate at the time of its formation60

Private Partition-Private Partitions are frequently made, but there is always a risk that some
shareholders will become dissatisfied and allege that the division was only one for convenience of
cultivation and was not intended to be of a permanent character. Landowners therefore, especially
when the area held in common is large and the shareholders are numerous, apply to the revenue
authorities to make the partition for them. Although no formal application is been lodged, the
patwari is bound to record voluntary partitions for orders in mutation register as soon as they have
been acted on. In passing orders on such cases, care must be taken not to treat as partitions
proprietary rights of arrangements, which the parties did not intend to be permanent. If any of them
objects to the record of alleged partition and attesting officer considers the objection valid, he
should refuse the mutation of names and refer the party seeking it to proceedings under Section 123
of Land Revenue Act. But if he finds that the objection is vexatious or frivolous and that a fair
private partition has actually been carried out, he should record the objection and his proposed
order disallowing it and submit the proceedings for confirmation to the Revenue Assistant
Collector of the Ist grade authorized by Deputy Commissioner to deal with these cases61

H.3Effect of partition-The effect of partition of estates and tenancies on joint liability for revenue
and rent. Section 110(1) provides that a partition of land, either under this Chapter or otherwise,
shall not, without the express consent of the Financial Commissioner, affect the joint liability of the
land or of the landowners thereof for the revenue payable in respect of the land or operate to create

57
1971 PLJ 397 (FCP)
58
Balwant Singh v. Ishawar Singh, 2001 (3) RCR (Civil) 303 (FCH)
59
Section 120(1)
60
Punjab Land Administration manual, Para 451
61
Ibid at 22
a new estate and if any conditions are attached to that consent, those conditions shall be binding on
the parties to the partition and Section 110(2) says that a partition of tenancy shall not without the
express consent of the landlord, affect the joint liability of the co-sharers therein for the payment of
the rent.

H.4Application for Partition-. It provides that “any joint owner of land, or any joint tenant of a
tenancy in which a right of occupancy subsists, may apply to a revenue-officer for partition of his
share in the land or tenancy, as the case may be, with proposed plan of partition indicating the
quality and location of the land in question along with reasons for partition and copy of latest
jamabandi.62 In Narinder Singh Ishar Singh v. Jagdip Singh63, the Court held that an application
for the partition can be made by any joint owner if his share is recorded under Chapter 4. The
owner is not in possession of land has unfettered right to seek partition of share in joint khata. All
co-sharers have equal right of partition.

H.5Restrictions on Partition- There are some restrictions or limitations on partition of the land
holding. Firstly, the places of worship and burial grounds held in, before partition shall continue to
be so even after partition but if the parties agree among themselves and filed their agreement on
record with Revenue Officer then such a restriction will not operate.64

H.6Absolute Disallowance of Partition- It provides that “After examining such of the co-
sharers and other persons, as may be present on that day, the Revenue Officer may,
disallow the partition in those cases only where application is made for the partition of
common path, common water-course or such like place, used for common purposes65

Instrument of partition-The term “completion of partition proceedings” appearing in Section 121

of the Act says that when partition is completed, the Revenue Officer shall cause an instrument of
partition to be made and the date on which the partition is to take effect be recorded herein. The
plain reading of the Section 121 provides that instrument of partition is to be prepared after the
partition had been completed which means that one the distribution of revenue, rent etc. had been
determined under Section 120 of the said Act partition is complete.66

I) JURISDICTION OF CIVIL COURTS- The revenue officers who make record of rights are
invested with power of civil courts as section 136 says. The State Govt. by an order in official
gazette invest any revenue officer with all the powers of the court under Punjab Court Act, 1884for
purpose of trying all or specified classes of suits or appeals relating to land arising in local area.
Cancellation of the above order can also be done by the State Govt. If cases were pending before
the officer than he can dispose it off as if the order was still in force.

CONCLUSION- The proprietary right in land originated from the occupation theory. This means
that things which are not already subject to property become the property of the first occupant. As
Manu had correctly pointed out ‘A field , says Manu is his who clears jungle, game is who pierced
first’. Importance and relevance of land in today’s world is very significant .. It shows the inherent
necessity of awareness of the basic concept with respect to transfer of property. In the Indian
constitution there is a complete chapter relating to property rights in form of article 30,31,300.

62
Section 111
63
1986 RRR 414 (FCP)
64
Section 112
65
Section 115
66
Kudrat Aggarwal, ‘Partition of land laws in Punjab, www.lawoctupus.com, last accessed on 13th August 2017
https://www.lawctopus.com/academike/partition-under-land-laws-of-punjab
 BIBLIOGRAPHY
BOOKS and WEBSITE
1. P.S. Khurana ‘A Treatise on Land Laws’, Shree Ram Law House, 14 e.d.
2. Adv. Neety Kaul, ‘ Land Laws In Punjab and Haryana, Chawla Publications ,
3 e.d.
3. Dr. Narula, ‘Punjab and Haryana Land Laws, Allahabad Law Agency, 2e.d.
4. Adv. Rajesh Gupta, Land Laws in Punjab, New Garg House.
5. Kudrat Aggarwal, ‘Partition of land laws in Punjab, www.lawoctupus.com,
last accessed on 13th August 2017
https://www.lawctopus.com/academike/partition-under-land-laws-of-punjab