(MENAFN- Kashmir Observer) Srinagar- The J&K and Ladakh High Court has directed that if a co-sharer raises a title dispute, the Revenue Officer must either defer proceedings pending Court adjudication or direct the party to file a civil suit within three months.
Disposing of a petition, a bench of Justice Javed Iqbal Wani also directed the Revenue Officer to either inquire into the objection following the civil trial procedure provided under the Code of Civil Procedure.“if a partition order attains finality, the Revenue Officer is empowered to deliver the possession accordingly,” the court said.
The court was hearing a petition filed by one Ashok Toshkhani, a Srinagar resident, seeking quashing of an order passed by the District Magistrate Srinagar regarding demarcation and possession of immovable property comprising 4.5 Kanals of land along with the residential house existing thereon to the extent of her share.
She was aggrieved of the consequential order dated 28 February 2023 passed by the Tehsildar South, Srinagar whereby a team of officers was constituted for the purposes of execution of the order passed by the Deputy Commissioner Srinagar. In addition to the challenge thrown to the orders, she also challenged the vires of Section 7(1)(b) of the Jammu & Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 (“Migrant Act”).
Referring to Land Revenue Act's Section 105, the court said that the same empowers a revenue officer for partition of land, which land for the purposes of the application of the Act of 1996 as per the definition contained in Section 3(2), means the land used for agriculture or related purpose, including structures and trees thereon while excluding sites of buildings in a town or village abadi or land appurtenant thereto.
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“Section 105 of the Act of 1996 cannot be read in isolation, as Chapter X provides complete code and mechanism for partition, including procedural safeguards and that upon a valid application filed under Section 105 of the Act of 1996, a revenue officer is bound to notify all the interested parties, consider objections thereof and decide the preliminary issues,” the court said, adding,“If objections warrant rejection of a case, Sections 109 & 110 of the Act of 1996 would apply; otherwise, the revenue officer has to proceed to determine the disputed questions, including title and mode of partition, provided under Section 111-A of the Act of 1996.”
As is manifest from the Section 111-A of the Act of 1996, the court said that if a co-sharer raises a title dispute, the Revenue Officer must either; (i) defer proceedings pending Court adjudication, (ii) direct the party to file a civil suit within three months or, (iii) inquire into the objection following the civil trial procedure provided under the Code of Civil Procedure and if a partition order attains finality, the Revenue Officer is empowered to deliver the possession accordingly.
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