GUWAHATI: The Supreme Court recently held that civil courts have the jurisdiction to decide disputes involving property rights, even through a statute vests exclusive authority in revenue authorities for partition. The decision came in an appeal against the Gauhati High Court’s order concerning the partition of a suit property under the Assam Land and Revenue Regulation, 1886.
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The appellant had been granted a declaration of title and joint possession over the suit property, along with the liberty to seek a remedy through partition. A partition suit was filed with the Additional Deputy Commissioner (Revenue Authority), which was rejected on the grounds that the appellant was not in possession of the land and lacked consent from the other co-sharers.
Subsequently, a civil suit for partition was dismissed, but the First Appellate Court ruled in favour of the appellant, allowing the revenue authorities to partition the land. The respondent, however, filed a second appeal, arguing that the civil court had no jurisdiction to grant the partition as it was a matter exclusively under the purview of the revenue authorities. The High Court sided with the respondent, stating that the civil court’s jurisdiction was barred by Section 154(1)(e) of the Regulation.
The appellant challenged this decision before the Supreme Court, asserting that issues of possession and consent could only be addressed by a civil court. In its judgment, the Court emphasised that while the revenue authorities can carry out the partition, civil courts retain the jurisdiction to adjudicate on matters of title, possession, and share in the property. It clarified that when there is no conflict between the special law and the Civil Procedure Code, the civil court's jurisdiction remains intact.
The Court overturned the High Court's decision, ruling that civil courts could still determine the entitlement to partition, leaving the actual process to the revenue authorities.