OF SETTLEMENTS MADE BEFORE THIS ACT COMES INTO FORCECentral

Section 88 of The Central Provinces Land-Revenue Act, 1881

Any person whose claim to proprietary rights in any land was not expressly decided by such officer or Court may sue in a Civil Court to establish such claim; and if he can prove that, when proprietary rights in such land were awarded by such officer or Court to other persons, he was entitled to interests therein of the same nature as those upon consideration of which the award was made, the Civil Court may declare him entitled to a proprietary right of such nature and extent in the land as it may deem just.

Summary

This provision allows people whose land claims were never formally decided in older settlements to sue in a Civil Court.
The person suing must prove they were entitled to the same kind of interests in the land as the people who actually won the award.
If they prove their case, the Civil Court can declare them entitled to a fair share of the property rights.
This provides a legal path for individuals who were accidentally overlooked during previous land settlements.

Practical examples

1Dev's grandfather owned part of an estate, but the 1865 settlement awarded the whole estate to a cousin without ever mentioning or ruling on the grandfather's share. Dev sues in 1882 under this provision to get his family's rightful share recognized.

2A settlement officer gave land to two brothers but entirely missed a third brother who also lived there and worked the land. The third brother goes to Civil Court to claim his equal proprietary right because his claim was never expressly decided.

FAQ

1. When can I sue for land rights under Section 88 of the Central Provinces Land-Revenue Act?

Under Section 88 of the 1881 Act, you can sue in a Civil Court if your claim to proprietary rights was not expressly decided during a past settlement.

2. What do I need to prove in court under Section 88 of the 1881 Act?

Under Section 88 of the CP Land-Revenue Act, you must prove you were entitled to interests of the same nature as the people who were actually awarded the land.

3. How does Section 88 of the land revenue law relate to previous decisions?

Section 88 of the Act allows lawsuits for claims that were overlooked, unlike claims that were explicitly rejected and barred by the previous section.

Test yourself

Q1.Under Section 88 of the Central Provinces Land-Revenue Act, 1881, who is permitted to sue in a Civil Court for proprietary rights?

Q2.What must a plaintiff prove to succeed in a Civil Court suit under Section 88 of the 1881 Act?

Q3.If a person successfully proves their case under Section 88 of the CP Land-Revenue Act, what can the Civil Court do?

Q4.If a person's claim was expressly rejected in a prior settlement, how do Sections 87 and 88 of the 1881 Act apply?

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