AIR 1950 NAGPUR 102

Nagpur High Court

Hon'ble Judge(s): J. Sen , J

(A) C.P. and Berar Land Revenue Act (2 of 1917) , S.31— Scope - Powers of Revenue Officer under - Powers are concurrent and not exclusive, with civil Court - Partition of revenue paying land under Ch. XI - Suit for possession of portion of partitioned land - Suit is not barred by S.31. Section 31 which occurs in Chap. III and not in Ch. XI of the Act does not specifically deal with the powers to be exercised by a revenue officer in making a partition of land-revenue-paying estate, mahal or a patti. The section authorizes a revenue officer to deliver possession of immovable property to the person in whose favour an order of adjudication has been passed in the same manner and with the same powers in regard to all oontempts, resistance and the like, as may be lawfully exercised by the civil Courts, in execution of their own decrees. The power so conferred on a revenue officer is concurrent and not exclusive. The effect of Sub-S (2) is that an order passed by a revenue officer in exercise of powers under Sub-S (1) is not appealable but is liable to be set aside by a civil Court under R.103 of O.21, Civil Procedure Code 1908: 7 Rev. Rul. 17, Ref. Where, therefore, after the partition of the revenue paying lands by revenue officers under Ch. XI, C.P. Land Revenue Act, 1917, a person sues for recovery of possession of a portion of land given to his s....