kindly advice....!
Querist :
Anonymous
(Querist) 19 April 2010
This query is : Resolved
dear, all,
just want to ask if any suit for claiming share in property by sister is withdrawan in revenue court is eligible to be filed in civil court or not......! kindly , mention relevant section / subsection/ provisions , in this regard.
Suryanarayana Tangirala
(Expert) 19 April 2010
Revenue authorities have no Jurisdiction to entertain Partition suits it is only civil court which has Jurisdiction to try such suits.U can file a Partition suit.
adv. rajeev ( rajoo )
(Expert) 20 April 2010
Revenue authorities are not courts and orders passed by such authorities are not binding on the civil courts. RA have to no rights to deal the partition suits, only civil courts have got jurisdiction.
Adinath@Avinash Patil
(Expert) 20 April 2010
revenue authorities have no jurisdiction to decide patition suit.you can file civil suit for partition.
Raj Kumar Makkad
(Expert) 20 April 2010
I differ with the opinion of all experts on the point that revenue authorities have no power of partition.
Friends! If the property is an agricultural land then only revenue authorities have jurisdiction to entertain and decide the partition proceeding among the co-sharers and civil court cannot intervene in this process.
So if the revenue authorities have decided any matter qua partition of agricultural land or any proceeding has been withdrawn therefrom, it cannot be agitated before civil court because the jurisdiction of civil court is barred to entertain such matters.
I suggest such person to again institute partition application before revenue authorities as no res-judicate is applicable in the given matter.
Querist :
Anonymous
(Querist) 20 April 2010
with due respect to all learned experts, i belive mr. makkad has made very relevant point, i do agree with his observation, actually, this is agricultural land and revenue board has rightly have juridiction to entertain $ decide partition proceedings among co owners.one co owner sister made an application b4 revenue authorities for partition of land which was already in name of brother after mutation it has been over 30 yrs now, she filed application b4 revenue authorities 10yrs back after 44 yrs of her marriage, and 17 yrs after the death of parents.later withdraw her suit from revenue court after 10 yrs. will revenue authorities still allow the same case to be filed. can somebody give relevant sections applicable in this regard.
Kiran Kumar
(Expert) 20 April 2010
i agree with Mr. Makkad, the proceedings in the given case shall lie before the Revenue Courts.....as the issues involved in the matter have not been finally adjudicated in the earlier proceedings so the fresh proceedings can be instituted provided the limitation period is available.
