CPC Section 54 — Partition of estate or separation of share

Civil

Summary

If a court order involves dividing a piece of land that is assessed for land revenue, or giving someone separate possession of a share of such land, the actual division or separation must be carried out by the Collector or a gazetted officer appointed by the Collector. This must be done according to any existing law that deals with dividing such estates or giving separate shares. In Karnataka, the court itself handles the division, and it may take the help of a revenue officer of at least Tahsildar rank or another person appointed as a Commissioner.

Official Text

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.