142A: Decision of partition cases

Decision of partition cases.– (1) The Revenue Officer shall decide the case of partition and issue the order within a period of sixty days from the date of application for partition or from the date of sanctioning of the mutation of inheritance or from the date of submission of partition privately effected. (2) For the purpose of deciding the case of partition under subsection (2) of section 137, any party seeking adjournment shall pay such cost as may be prescribed and such adjournment shall not be for more than three days. (3) Any path involved in partition shall be kept in common amongst the parties as a separate holding. (4) The Revenue Officer shall also determine the mesne profit of the excess land held by a joint owner or occupant beyond his title, since the date of filing of application of partition and the amount shall be proportionately paid to the deficient land owners on their application to the Revenue Officer. (5) If the Revenue Officer is unable to decide the case of partition within the time provided under subsection (1), the case shall stand transferred to Collector of the Sub-Division. (6) The Collector of the Sub-Division shall determine responsibility for delay under subsection (2) and recommend disciplinary proceedings against the Revenue Officer concerned besides deciding the case within thirty days and such proceedings shall be in continuation of the proceedings of the Revenue Officer.]

Effective date: 1967-12-07

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