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RohitChhaba (n/a)     12 July 2010

Where Part of relief sought is maintainable by revenue court

I have filed a suit under which I've pleaded a part which can only be entertained by revenue court but for rest of the part pleaded civil court has jurisdiction.....now what will be future of suit....my opponent has filed order 7 Rule 11(d)....

Refief asked

a) partition of agriculture land and house build on it........

now partation of agriculture land can only be done by revenue court

and partition of house can only be done by civil court



Learning

 5 Replies

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL))     12 July 2010

sir,

before filing the suit u have to plead the entire case thta was said in orii rule 2 if u fail to take  entire action at once latter u cant get any remidy.for this concept thee are many citations.

if the court has o jurisdiction y cant to take prior permission for filing suit.because ur suit is involved with revenue and civil court.u can file entire case in civil court by taking necessary steps.still u havean chance by way of ammendment.

Raghav Sood (Lawyer)     12 July 2010

Partition of Agricultural Land - Jurisdiction of Civil suit for possession by petitioner - One of the properties consisted of Agricultural land - Buildings and factories constructed on said land - Held civil court has jurisdiction to partition such a land - Lands which have been built upon and have houses and factories are not covered by estate assessed to payment of revenue land ceases to be agricultural land and civil court has jurisdiction

Raghav Sood (Lawyer)     12 July 2010

1987 P.L.J. 4 : 1987 R.R.R. 48 PUNJAB AND HARYANA HIGH COURT Before :- J.V. Gupta, J. Regular First Appeal No. 446 of 1977. D/d. 25.4.1986. 25.4. 1986 Kalyan Dass - Appellant Versus Som Nath - Respondents

RohitChhaba (n/a)     12 July 2010

thanks Mr Sood but it wont work in my case as only one (my own house) is built on said agriculture land

Raghav Sood (Lawyer)     12 July 2010

then why you have filed a partition suit in civil court it would be better for to file partition application before revenue authorities where the  R .A cannot partition the house and they are only empowered to partition the land which is assessed to land revenue and if this house is built by you over joint land then might be within your share in the joint however your your query is lacking material particulars we are unable to answer even if it exeeds the share it would not advisable to file partition suit

why dont you purchsase the share of other co-sharer your problem will end forever


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