Section 123 of The Punjab Land-Revenue Act, 1887 — Affirmation of partition s privately effected

Bare section text

Official Legislative Text

(1)In any case in which a partition has been made without the intervention of a Revenue-officer, any party thereto may apply to a Revenue-officer for an order affirming the partition.
(2)On receiving the application, the Revenue-officer shall inquire into the case, and, if he finds that the partition has in fact been made, he may make an order affirming it and proceed under sections 119, 120, 121 and 122, or any of those sections, as circumstances may require, in the same manner as if the partition had been made on an application to himself under this Chapter.

Educational Study Layer

Summary

People who divide their land privately on their own can ask the government to officially recognize their agreement.
Any person involved in the private division can submit an application to a Revenue-officer for an order of affirmation.
The Revenue-officer is required to investigate the situation to prove that the private partition actually took place.
If the officer is satisfied that the division happened, they may issue an official order affirming it.
Once affirmed, the officer applies the same administrative steps used for government-run partitions, such as writing up formal documents and distributing the tax burden.

Practical examples

1In 1895, two neighbors draw a line in the dirt to split a pasture and fence it off themselves. A year later, one neighbor applies to the officer to have this private dirt-line partition legally recognized.

2The officer visits the pasture, talks to both neighbors to confirm they really did split the land, and then issues an official order affirming the private partition so it is permanently recorded.

FAQ

1. Can a private land agreement be made official under Section 123 of the Punjab Land-Revenue Act, 1887?

Yes, Section 123 of the Act allows any party to a private partition to apply to a Revenue-officer for an order affirming the partition.

2. What must an officer do before approving a private land division under Section 123 of the 1887 land law?

Under Section 123 of the 1887 Punjab Land-Revenue Act, the Revenue-officer must inquire into the case to confirm that the partition has in fact been made before affirming it.

3. What happens after a private partition is affirmed under Section 123 of the Punjab Land-Revenue Act?

According to Section 123 of the Act, the officer proceeds to handle rent distribution, documentation, and possession exactly as if the partition had been made through a normal official application.

Practice Quiz

Q1.Who is permitted to apply for the affirmation of a privately effected partition?

Q2.What is the first required action of the Revenue-officer upon receiving an application for a private partition?

Q3.What finding must the officer make before issuing an order of affirmation?

Q4.Based on the combined rules of Sections 121 and 123, what document will ultimately be produced if a Revenue-officer affirms a private partition?

Q5.Based on the combined rules of Sections 122 and 123, how long does a party have to demand physical possession of land after a private partition is formally affirmed?

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