In Brief
In this civil appeal, the Supreme Court clarified the jurisdiction of civil courts in partition disputes involving revenue-paying agricultural land under the Assam Land Revenue Regulation, 1886. The appellant sought partition of land but lacked actual possession and co-sharers' consent, causing the Revenue authority to refuse partition. The High Court had dismissed his civil suit, holding Section 154(1)(e) barred the civil court. The Supreme Court held that the bar applies only when an imperfect partition suit would otherwise be maintainable under Section 97. Since the Revenue remedy was unavailable here due to missing conditions, civil courts retained jurisdiction to determine the parties' rights and declare their shares. The actual partition would then be executed by the Revenue Collector in accordance with the court's declaration. The appeal was allowed and the case remanded.
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