RAMACHANDRA SHAMARAO KULKARNI Vs. PRALHAD KRISHNAJI KULKARNI

JUDGEMENT

(1.) The question involved in this case is whether a partition made bwy a Collector under Section 54 of the code of Civil Procedure of lands assessed to land revenue-situate in that part of the new State of Mysore in which the Bombay Land Revenue Code is operating, amounts to an appealable decision or order falling within Section 203 of that Code.

(2.) This is how the question arises.

(3.) In a partition suit brought in the Court of the Civil Judge, Senior Division, Belgaum, in the year 1946, a preliminary decree was made under which the respondents were declared to be entitled to a three-fourths share in the family property. By an order made under Rule 18 of Order XX of the Code of Civil Procedure, me Collector was directed by the Court to make a partition of those family lands which were assessed to the payment of land revenue to the Government. After that partition was made, an appeal was preferred by the petitioner to the Collector under the supposition that such an appeal was competent in view of the petitioners allegation that the partition was made only by a Prant Officer and not by the Collector himself. That appeal was dismissed by the Collector whereupon the petitioner presented a further appeal to the Divisional Commissioner who made a slight modification to the partition. Against that decision of the Divisional Commissioner, the petitioner presented a revision petition to the Revenue Appellate Tribunal, which took the view that the appeal to the Collector and the further appeal to the Divisional Commissioner were all incompetent and that the revision petition which was also a similarly incompetent revision petition was liable to be dismissed.