ronak (mr) 25 September 2011
suppose like two brothers A,B
and have the ancestral property including agriculture as well as residential land.
my question is
if one has to file a partition suit for equal division of property.
1. Then for residential it is civil court and for agriculture it is revenue court
or
2. Both the property can be partitioned by the civil court...Did civil court has the jurisdiction to partioned the agriculture land also...
or
3. They have to file a sepearte suit in revenue court for agriculture land?
adv. rajeev ( rajoo ) (practicing advocate) 26 September 2011
You need not to go to revenue to get partitioned the agrl., lands. Revenue courts have no right to partititon the propertyes. ONly civil courts have got to entratain such suits. So file a suit for partition and seperate possession in the civl court for agrl., as well as house properties.
SANJAY SHARMA (ADVOCATE IN CHARGE) 26 September 2011
dear
senior advocate RAJOO is right civil court has the both rights about agriculture and residential property
Vipin Kumar Marya (Advocate) 26 September 2011
Yes Mr. Rajeev's advise is correct
Regards
Vipin Marya
laxminarayana (Advocate) 26 September 2011
i agree with the rajoo
VIJAY MONGA (ADVOCATE) 26 September 2011
In a suit for partiton is an application under Order 6 Rule 17 is possible even after the commencement of evidence ? Can any of my friend cite any case law in this regard ?
Alok Tholiya (self employed) 30 September 2011
Even I will like to learn abt this kind of matters.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 30 September 2011
Dear Mr.Ronak
the civil court has jurisdiction to entertain both types of the property
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