Law: Punjab Consolidation of Holdings Act, (IV of 1936)

Section: 11

Law: Punjab Land Revenue Act, 1887

Section: 122

(a) Punjab Consolidation of Holdings Act, (IV of 1936), -S. 11-Land allotted under consolidation proceedings to plaintiff s -Consolidation Officer can put plaintiff into possession of land-No Civil Court can entertain suit for possession within three years from date of termination of consolidation proceedings-S. 122 of Punjab Land Revenue Act (XIII of 1887). Section 11 of the Punjab Consolidation of Holdings Act 1936 confers on Consolidation Officers the powers which the Revenue Officer has been given under the Punjab Land Revenue Act to grant possession. Now under the Punjab Land Revenue Act (XVII of 1887) the question of delivery of possession of land can arise under Chapter VI, Chapter VII or Chapter IX. Chapter VI deals with the collection of land revenue and arrears thereof and comprises of sections 69 to 96. Section 122, however, which occurs in Chapter IX, the Chapter dealing with partition of land, gives a Revenue Officer certain powers with regard to delivery of possession of property which has been the subject of partition. As section 11 of the Consolidation of Holdings Act 1936 mentions that the Consolidation Officer shall have the powers of a Revenue Officer, it may be presumed that reference is to the powers conferred on a Revenue Officer under section 122 of the Punjab Land Revenue Act and not to powers conferred on the Collector by section 95 or Chapter VII of that Act. In these circumstances a Consolidation Officer acting under the Consolidation of Holdings Act 1936 will leave the same powers to deliver possession to a person entitled to it under the consolidation scheme as a Revenue Officer in partition proceedings under the Punjab Land Revenue Act. With regard to the delivery of possession of land falling to the share of any landholder on partition effected under Chapter IX of the Land Revenue Act, the jurisdiction of Civil Courts to deliver possession has been taken away for three years by section 122 of that Act and therefore, the lower appellate Court was right in its conclusion that for a period of three years from the date of the termination of the consolidation proceedings no Civil Court, court could grant the plaintiffs, whose land had…

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