Wednesday, 3 June 2015

PARTITION OF AGRICULTURAL LAND THROUGH CIVIL COURT BAR.



PARTITION OF AGRICULTURAL LAND THROUGH CIVIL COURT BAR.

IN THE COURT OF (NAME OF THE JUDGE),  CIVIL JUDGE IST CLASS, (CITY)



          ____________(NAMES OF THE PLAINTIFFS)
      Versus    
      Province Of Punjab ETC.
Civil Suit No                 :         000-00 of 0000.
                   Date of Institution.                00.00.0000.
                   Date of Decision.                   00.00.0000.





SUIT FOR PARTITION OF SUIT PROPERTY.

JUDGMENT:

                   Brief facts of the plaint are that the plaintiffs are legal heirs of (NAME OF LANDLORD/OWNER/ALLOTTEE/ PRECESSOR) and they were owners of the suit property detailed description of which is mentioned in the Para No.1 of the plaint. The plaintiffs have mutually partitioned this property but the defendants are not admitting their family partition. Hence this suit is filed.
2.               Defendants were proceeded against exparte on 00.00.0000.
3.                Afterwards, the plaintiff was invited to produce his evidence. From the plaintiff side, the (Name Of The Witness) appeared as PW-1, (Name Of The Witness) appeared as PW-2, (Name Of The Witness) appeared as PW-3 and (Name Of The Witness) appeared as Pw-4. During the course of documentary evidence, fard jamabandi (title document) pertaining to year 0000-0000 is produced as EX-P1, fard jamabandi of year 0000-0000 is produced as EX-P2, fard jamabandi of year 0000-00 is produced as Ex-P3, fard jamabandi of year 0000-0000 is produced as EX-P4 and then the plaintiff closed his evidence.
4.                After publication in the daily newspaper (name of the newspaper), the defendants had already been proceeded against exparte on (DATE)
5.                Final arguments heard. Record perused.
6.                Perusal of the fard jamabandies (RECORD OF THE TITLE DOCUMENTS) pertaining to the suit property indicates that the suit property is purely agricultural land and the plaintiffs filed this suit of partition in the civil court seeking the partition of the agricultural property u/s 172 of the Land Revenue Act, 1967, the jurisdiction of the civil court is expressly barred in the matters of partition of agricultural property. This suit in the civil court is not maintainable being barred by law. The plaintiffs should have filed an application u/s 135 of the Land Revenue Act, 1967 before the concerned Revenue Authority for the redressal of their grievances, if so advised. So the suit of the plaintiffs is hereby dismissed. There is no order as to costs. Decree sheet be drawn accordingly. File be consigned to the record room after its due completion.
Announced
00.00.0000

                                                  Name and Designation of the Judge

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