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        Case ID :

        1912 (12) TMI 4 - HC - Indian Laws

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        Revenue partition and civil suit bar: joint family representation can bind minors absent fraud or prejudice. Section 233(k) of the Land Revenue Act bars civil proceedings challenging partition of mehals, save for the limited cases under Sections 111 and 112, so a ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Revenue partition and civil suit bar: joint family representation can bind minors absent fraud or prejudice.

                              Section 233(k) of the Land Revenue Act bars civil proceedings challenging partition of mehals, save for the limited cases under Sections 111 and 112, so a suit aimed at reopening the mode of distribution is not maintainable. A revenue partition binding on a joint Hindu family will also bind minor members where the family was represented by adult managing members whose interests were identical with the minor's, and no fraud or prejudice to the minor's share is shown. The absence of a formal guardian appointment does not invalidate a fair and honest partition made against the family as a whole.




                              Issues: Whether a civil suit challenging a revenue partition was maintainable and whether the partition bound a minor member of a joint Hindu family notwithstanding the absence of a formal guardian appointment.

                              Analysis: Section 233(k) of the Land Revenue Act barred civil proceedings with respect to partition of mehals except in the limited cases provided by Sections 111 and 112. The challenge was directed not to proprietary title but to the mode of distribution of lands. No fraud or detriment to the minor's share was established. The joint family was represented by the adult male members, whose interests were identical with those of the minor, and the record showed that the minor was also represented through the managing members and Lachman. The absence of a formal guardian appointment did not vitiate a partition that was fairly and honestly made against the family as a whole.

                              Conclusion: The suit was not maintainable and the partition was binding on the plaintiff, including the minor, and the appeal failed.

                              Final Conclusion: A revenue partition fairly obtained against the managing members of a joint family binds the minor members when the family was duly represented and no fraud or prejudice is proved, and a civil suit seeking to reopen the distribution is barred by the Land Revenue Act.

                              Ratio Decidendi: Where a joint family is duly represented in revenue partition proceedings and no fraud or prejudice is shown, the partition binds all members, including minors, and a civil court cannot reopen the distribution in the teeth of the statutory bar.


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                              ActsIncome Tax
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