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Order of partition cannot be passed by the deputy collector when title in dispute: HC of Bombay

Courtesy/By: Puja Jhakar | 17 Feb 2018

The High court of Bombay at Goa has held that once a dispute is raised as to the title, the deputy collector cannot order partition of properties in favour of the purchaser. The case that came up before the court was involving a matter where the petitioner has objected before the deputy collector, who ordered partition, with the contention that the property belonged to him alone. The deputy collector denied the claim and ordered the partition of the property. The owner approached the administrative tribunal but was turned down from there too. In the High Court, however, the bench consisting of Nutan Sardessai J. held differently. The counsel for the appellant contended that section 61 of the Goa Daman and Diu Land Revenue Code, 1968 bars partition when the title of the property is in dispute. The respondents rebutted stating that there each of the sale deeds were annexed with plans that identify the property sold to the respondents, which was a company by the name Gold Resorts and Hotel Pvt Ltd. The Court ruled in favour of the petitioner observing that there was a patent violation of the provision, section 61 and that the Tribunal clearly went contrary to the mandate of the provision.

Courtesy/By: Puja Jhakar | 17 Feb 2018