Decided on March 02,1965

SOBHNATH Appellant
Shridat And Others Respondents


S.N. Singh, J. - (1.)THIS suit for partition of Bhumidhari land Under Section 176 of the U.P. Zamindari Abolition and Land Reforms Act was filed in the year 1957. The Civil Court determined the share of the Plaintiff as 1/6th. It appears that thereafter the Plaintiff applied for the preparation of final decree and a Commission was issued to prepare a lot of the Plaintiff's share. Lots were prepared by the Commissioner of the Court. Objection to the report of the Commissioner was filed. It was considered by the Munsif and rejected. The Commissioner's report was confirmed and a final decree for partition was prepared in terms of the proposal made by the lower appellate court and this appeal was also dismissed by the lower appellate court on 18th December, 1961.
(2.)IN appeal before me the only point urged by the learned Counsel for the Appellant is that the proceedings taken by the learned Munsif after the order passed by him declaring the share of the Plaintiff was without jurisdiction.
In my view the proper procedure for the learned Munsif was to send the case to the Collector for effecting separation of the agricultural plots, as the same could only be done by the revenue court.

(3.)SECTION 182B unamended reads:
Subject to the provisions of Sections 178 to 182 the division of a holding or the separation of the share therein of a bhumidhar or sirdar shall be made by the collector in accordance with the principles that may be prescribed.

It is apparent from this provision that the Civil Courts after declaring the rights of the parties should send the case to the competent revenue court for effecting partition. Such a procedure is also provided by Order XX Rule 18 read with Section 54 of the Code of Civil Procedure.


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