Law: Punjab Land Revenue Act (XVII of 1887)

Section: 153

(a) Punjab Land Revenue Act (XVII of 1887),   S. 153-Appeal lodged before, but decided after date of amendment of S-. 153 Whether amendment has retrospective effect-Wrong decision by Assistant Collector can be set aside in revision.   (b) Partition-   Shamilat-Decision of Civil Court silent regarding measure of rights of khewatdars and tirniguzars on question of proportion in which two classes inter se should share Shamilat property-Assistant Collector should have consigned papers to Record Room with direction for re-opening question after parties had got matter determined by competent Civil Court.   (c) Partition   -Officers conducting partition not required to wait for decision of second Appeal before High Court-Partition proceedings to be completed on basis of existing decisions of Civil Court.   ORDER   This case relates to the partition of a large Shamilat area in the estate of Rahdari and has been pending between the parties 'for a large number of years. The Civil Courts decided that the measure of the rights of the shareholders in the Shamilat should be in accordance with the records prepared in the course of the Second Settlement. The records concerned are the jamabandi described as the `Misl-i-Haqiat' of 1889-90 and a statement of Tirniguzars appended to that record.   The Shamilat is to be partitioned Hasabrased Zar-i-Khewat and Trani or, in other words, in proportion to the amount paid as land revenue and Tirni.   The assessment of the estate of Rahdari in the First Settlement was Rs. 375 per annum, and remained unchanged as a result of the Second Settlement. The Bachh process, was, however, altered, previous to second settlement, land revenue was levied at 0-7-0 per bigha on Chahi and 0-2-0 per bigha on Barani lands. The excess over the amount so levied was charged as a tax on the heads of cattle in the estate. The new system introduced at the time of the Second Settlement was that land revenue would first be levied at the rate of 0-2-0 per bigha on Chahi and Barani and 0-1-0 per bigha on Wari lands.   The Record-of-Rights bearing the date 1889-90 was prepared before the orders of assessment…