Section 54 of The Code of Civil Procedure, 1908
Partition of estate or separation of share.
Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession of shares, of such estates. STATE AMENDMENTS Karnataka.-- For Section 54, the following Section shall be substituted, namely.-- "54. Partition of estate or separation of share.--Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share of such an estate shall be made by the Court in accordance with the law if any, for the time being in force relating to the partition or the separate possession of shares, and if necessary on the report of a revenue officer, not below the rank of Tahsildar or such other person as the Court may appoint as Commissioner in that behalf." [Vide Karnataka Act 36 of 1998, sec. 2.]
Summary
- This section explains how to divide or split a large piece of land when a court orders it.
- It specifically applies to "undivided estates" that pay regular taxes, called revenue, to the Government.
- The actual physical division of the land and the formal separation of shares must be done by the Collector.
- The Collector can also assign a gazetted subordinate officer to perform this task.
- The division must follow any specific laws currently in place for partitioning such estates.
- This rule ensures that experts in government land records handle the official splitting of tax-paying properties.
Practical examples
FAQ
1. Who has the power to partition revenue-paying land under Section 54 of The Code of Civil Procedure, 1908?
Under Section 54 of the Code of Civil Procedure, 1908, the power to partition lies with the Collector or a gazetted subordinate deputed by the Collector.
2. What is an "undivided estate" in Section 54 of The Code of Civil Procedure, 1908?
In Section 54 of the Code of Civil Procedure, 1908, it refers to a large property that has not yet been legally split into separate individual shares.
3. Can a civil court judge personally mark the boundaries of a farm under Section 54 of The Code of Civil Procedure, 1908?
No, Section 54 of the Code of Civil Procedure, 1908, mandates that for land paying government revenue, the task must be performed by the revenue authorities like the Collector.
4. Does Section 54 of The Code of Civil Procedure, 1908, apply to all types of land?
No, Section 54 of the Code of Civil Procedure, 1908, specifically applies to estates assessed to the payment of revenue to the Government.
Test yourself
1.Under Section 54 of The Code of Civil Procedure, 1908, who is responsible for the partition of an estate assessed to the payment of government revenue?
2.What specific requirement must the land meet for Section 54 of The Code of Civil Procedure, 1908, to apply?
3.In Section 54 of The Code of Civil Procedure, 1908, the partition must be done in accordance with:
4.Under Section 54 of The Code of Civil Procedure, 1908, the Collector can delegate the partition task to: