Partition suit maintainable for land deemed as 'Abadi' even amidst ongoing consolidation proceedings
Himachal Pradesh High Court Upholds Civil Court's Jurisdiction in Partition Suit Amidst Consolidation Proceedings. Landmark Judgment Confirms Civil Court's Authority to Partition Residential Land Despite Ongoing Consolidation Under the 1971 Act
In a significant legal ruling, the Himachal Pradesh High Court has upheld the jurisdiction of Civil Courts to adjudicate partition suits concerning residential land, even amidst ongoing consolidation proceedings under the Consolidation and Prevention of Fragmentation Act, 1971. The judgment, pronounced by Justice Satyen Vaidya, resolves a complex legal dispute spanning several decades between the successors of Gian Chand and Braham Dass over land in Village Thunial, District Hamirpur.
The dispute centered around a partition suit filed by Gian Chand in 1991, involving land deemed as 'Abadi' (residential) which was under consolidation proceedings. The Civil Court had issued a preliminary decree in 1993, which attained finality as no appeal was pursued on merits. Despite attempts to challenge the decree through the consolidation authorities, the High Court confirmed that the Civil Court's jurisdiction was valid.
The pivotal legal question addressed was whether a civil suit for partition could proceed when similar proceedings were active under the consolidation authority. The court answered affirmatively, establishing that the preliminary decree had attained finality and the rights of the parties would be governed by the ultimate decision in the civil decree.
Justice Vaidya noted that the defendant had acknowledged the residential nature of the land, thus affirming its categorization as 'Abadi' rather than agricultural. This admission, alongside the finality of the preliminary decree, empowered the Civil Court to proceed with partitioning the land.
The judgment also scrutinized the role of a retired Naib Tehsildar appointed as the Local Commissioner for the partition process. The court found no bias or incompetence in his report, which was accepted by the Civil Court in the final decree.
This ruling reinforces the authority of Civil Courts in partition matters concerning residential land, even when parallel consolidation proceedings are in place. It provides clarity on the applicability of Section 57 of the Consolidation Act, confirming that civil jurisdiction can prevail in specific contexts.
The decision marks the culmination of lengthy legal proceedings, with the High Court dismissing the appeal and affirming the judgments of lower courts, thereby allowing the partition process to proceed as initially decreed.
Bottom Line:
Partition suit maintainable in Civil Court for land deemed as 'Abadi' (residential) even amidst ongoing consolidation proceedings under the Consolidation and Prevention of Fragmentation Act, 1971. Final decree upheld, preliminary decree attained finality.
Statutory provision(s): Code of Civil Procedure, 1908 - Section 97, Consolidation and Prevention of Fragmentation Act, 1971 - Section 57
Jagtamba v. Gian Chand, (Himachal Pradesh) : Law Finder Doc Id # 2782492
