Section 118 of The Punjab Land-Revenue Act, 1887 — Disposal of other questions
Bare section text
Official Legislative Text
- (1)When there is a question as to the property to be divided, or the mode of making a partition, the Revenue-officer shall, after, such inquiry as he deems necessary, record an order stating his decision on the question and his reasons for the decision.
- (2)An appeal may be preferred to the Commissioner from an order under sub-section (1) within fifteen days from the date thereof, and, when such an appeal is preferred and the institution thereof has been certified to the Revenue-officer by the Commissioner, the Revenue-officer shall stay proceedings pending the disposal of the appeal.
- (3)If an applicant for partition is dissatisfied with an original or appellate order under this section, and applies for permission to withdraw from the proceedings in so far as they relate to the partition of his shares, he shall be permitted to withdraw therefrom on such terms as the Revenue-officer thinks fit.
- (4)When an applicant withdraw, under the last foregoing sub-section, the Revenue-officer may, where the other applicants, if any, desire the continuance of the proceeding, continue them in so as far they relate to the partition of the shares of those other applicants.
Educational Study Layer
Summary
- Addresses disputes about what property is to be divided or the method of dividing it.
- Requires the Revenue-officer to conduct a necessary inquiry before deciding on these specific matters.
- Demands that the officer write an order that states their final decision and their reasons for making it.
- Allows parties to appeal this specific order to the Commissioner within a tight fifteen day window.
- Pauses the partition proceedings if an appeal is filed and certified by the Commissioner.
- Permits an unhappy applicant to withdraw their share from the partition proceedings, while allowing others to continue if they wish.
Practical examples
FAQ
1. How does the officer settle disputes about how to divide property under Section 118 of the Punjab Land-Revenue Act?
Under Section 118 of the Punjab Land-Revenue Act, the officer must conduct an inquiry, record a formal decision, and state the reasons for that decision.
2. Can I appeal a decision about the mode of partition under Section 118 of the 1887 Act?
Yes, Section 118 of the 1887 Act allows you to appeal to the Commissioner within fifteen days from the date of the order.
3. What happens to the partition process if I appeal under Section 118 of the land law?
If you appeal and the institution is certified to the Revenue-officer by the Commissioner, Section 118 of the land law says the officer shall stay proceedings pending the disposal of the appeal.
4. Can I cancel my partition request if I dislike the division method under Section 118 of the Punjab Land-Revenue Act, 1887?
Yes, Section 118 of the Punjab Land-Revenue Act, 1887 allows a dissatisfied applicant to apply for permission to withdraw, which will be permitted on terms the officer thinks fit.
Practice Quiz
Q1.According to Section 118 of the Punjab Land-Revenue Act, 1887, what must a Revenue-officer do when deciding the mode of making a partition?
Q2.What is the time limit to appeal an order regarding the mode of partition under Section 118 of the 1887 Act?
Q3.Under Section 118 of the land revenue law, what happens if one applicant withdraws from the proceedings?
Q4.If a dispute is categorized under Section 116 as a question of title, does the 15-day appeal rule of Section 118 of the Punjab Land-Revenue Act apply to it?