Order by two different courts regarding the same disputed land
Ahishek Shinde
(Querist) 23 May 2012
This query is : Resolved
Hello Experts,
My uncle has filed suit about partition to revenue authority of Maharashtra as well as in Junior Civil Court 1989.
In 1990, sub-divisional officer from revenue authority given order to give 1/3 share of disputed land to my uncle. On appeal to Collector, in 1995, collector confirmed sub-divisional officer's order and rejected our appeal.
We filed revision against collector's order in 1995 to divisional commissioner.
Meanwhile, in 1996, Junior Civil court gave order to give 1/5 share of the same disputed land.
Now, hearing of revision in divisional commissioner's court started in this month (May 2012).
During our hearing, can we claim to cancel sub-divisional officer's order as Jr. Civil court ordered to give 1/5 of the same land?
Can we appeal on Jr. Civil court's order after result of current hearing in divisional commissioner's? After so long period?
Darkhast of both the orders (sub-divisional officer's and Jr. civil court's) has not taken place.
Can we resist to uncle to enter in field without darkhast?
Thanks,
Abhishek Shinde
Nadeem Qureshi
(Expert) 23 May 2012
Dear Abhisek
You can contact Mr. Ajay Sethi (Advocate)
Adv Archana Deshmukh
(Expert) 23 May 2012
File the certified copy of the judgment and decree of the Jr Div court in the revision proceedings. The decision of civil court is binding on the revenue authorities. As regards of the appeal- NO. If you want to file an appeal against the decree of the Jr Div, you will have to explain the delay of 16 years which can be a tough job for you.
Suhail A.Siddiqui
(Expert) 23 May 2012
Rightly suggested by ADv Archana, in this revision you should challenge both order and patent defect for the same cause of action two order is wrong, it should be agitated at earlier stage .
Ahishek Shinde
(Querist) 24 May 2012
Thanks Experts for quick reply.
Here is my next question:
Total disputed land is 49 aar. 1/5 share becomes 9.80.
As per
THE BOMBAY PREVENTION OF THE
FRAGMENTATION AND CONSOLIDATION OF
HOLDINGS ACT, 1947
9.80 aar can not be hand over to my uncle. Should we raise this point also in revision proceeding?
What will be judgement in this case? Will it be order for giving money instead of land?
M V Gupta
(Expert) 24 May 2012
If the portion falling to ur uncle's share (9.8 acrs) cannot be subdivided and given to him due to the Fragmentation Act, then the remedy is to get monetary compensation from other sharers or alternatively ur uncle may offer to purchase the share or shares of the others.
Shonee Kapoor
(Expert) 31 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
