INTRODUCTION
Revenue Officers have immense authority in respect of revenue matters, there is, however, a restriction imposed upon them by law that they cannot adjudicate upon matters where a “question of title” is involved.
RELEVANT PROVISIONS
Section 140 of the Land Revenue Act necessitates the ascertainment of the question as to title by the Revenue Officer on the application for partition Whereas Section 141 lays down the procedure where the question of title has been brought up.
LITERAL MEANING
The question of title means a dispute as to ownership of the property.
WHAT IS “QUESTION OF TITLE”
The question of title is the question of proprietary and other rights of occupation.
The question of title directly raises an issue of the title, in case of doubt the guide for the decision should be whether or not the objection impugns the correctness of any entry affecting the title in the standing or periodical record, or calling in question the correctness of any entry in the record-of- right upon which the shares to be assigned to the parties may depend.
PROCEDURE FOR DISPOSAL OF QUESTION OF TITLE
The procedure to be adopted in such matters is as follows,
(a) Suspension of Proceedings:
When there is a question of title the Revenue Officer shall stay the proceedings of partition until that question has been settled and shall send the partition file to the record office and treat the case decided one.
(b) Determination by Revenue Officer:
He will either proceed to determine the question of title as a Revenue Court or Civil Court as the case may be or direct a specified party to file a civil suit within a period of not more than ninety days to be fixed by him.
If he decides to determine the question himself he shall proceed as
- a Revenue Court if the question is one over which a Revenue Court has jurisdiction
- a Civil Court if the question is one over which a Civil Court has jurisdiction and in this case, the procedure of C PC shall apply
(c) Presentation of Plaint:
He shall direct the applicant to partition proceeding if the burden is on him to put in, by a certain date, a plaint giving full particulars of his claim Similarly, if the objecting party is the respondent in partition proceeding he should be required to put a written statement by certain date given full particulars of his objection.
(d) Pronouncement of Judgment (in case of Default):
If either party fails or refuses to obey the direction, the Revenue Officer shall proceed to pass the orders under Order VIll, Rule 10, CPC
(e) Recording of Brief Note as to Cognizance:
On a plaint being presented, the Revenue Officer shall record a brief note stating whether the question at issue is cognizable by Revenue Court or by a Civil Court and what procedure is intended to be.
(f) After Determination by Civil Court:
If on the termination of the proceedings in Civil Court, the application petitions to revive the partition case the file will be restored to the register of pending cases and the partition proceeding shall proceed on.
(g) Appeal:
An appeal shall lie to the District Court or High Court as the case may be from the decree of the Revenue Officer. The value of the subject matter shall be the determining factor as to whether the appeal is to be preferred to the District Judge or the High Court.
(h) Second Appeal:
A second appeal shall lie to the High Court from the judgment and decree of the District Judge if such an appeal is allowed under the law for the time being in force.
(i) Failure to File Civil Suit:
If the party directed to file a suit fails to do so within the specified period, the Revenue Officer may proceed to decide the question of title himself.
THREEFOLD CAPACITIES OF REVENUE OFFICER
It is important to note that in the course of partition proceedings, a Revenue Officer may be called upon to perform threefold functions acting in three different capacities. These functions are as follows,
1. As a Revenue Officer:
Firstly, he acts as a Revenue Officer, when he has either to disallow the partition or adopt a certain mode of partition or decide other allied questions regarding the area to be excluded or included.
2. As a Civil Court:
Secondly, while deciding the question of title within the cognizance of the Civil Court, he has to act as a Civil Court.
3. As a Revenue Court:
Thirdly, while deciding the question of title within the exclusive cognizance of Revenue Courts. he has to act as Revenue Court. The three different categories of orders passed by a Revenue Officer are also distinguishable for the purposes of appeal, review, or revision.
CONCLUSION
It is concluded that Civil Court is the only authority to adjudicate upon a dispute relating to title But in order to expedite partition proceedings the Legislature has provided an exception to this rule and invested the Revenue Officer with jurisdiction to decide the question of title arising in partition proceedings.
FAQs
What is a question as to the title? Discuss in detail the procedure to be adopted by a Revenue Officer in case such a question arises during the course of partition proceedings.
(2019-S, 2018-A, 2017-A, 2015-S, 2014-S)
What course is to be adopted by a revenue officer in case there arises a question as to title during the course of partition proceedings?
(2015-A, 2013-S)
What is a question as to the title? Explain the procedure for its determination, if arises, during the proceeding of the partition of holding.
(2013-A)
Who can apply for ‘Partition’ of joint holding? Can a Revenue Officer decide the question of title in a suit of Partition?
(2012-S)
