Partition of Estate or Separation of Share
When a decree partitions a revenue-paying estate, the civil court does not divide it — the Collector does, under the revenue law. (In Karnataka, the Court itself does it.)
How to read Section 54
Only where the decree is to partition an undivided estate assessed to government revenue, or to give separate possession of a share of such an estate.
The court declares the right; the Collector (or a gazetted subordinate he deputes) makes the actual partition — not the civil court.
Dividing a revenue estate affects the Government’s revenue assessment and records — a matter for the revenue authority, done under the revenue law in force.
The bare Act
Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession of shares, of such estates.
Key terms decoded
An estate held jointly by co-owners and not yet divided into separate, individually-held portions.
Land on which land-revenue is payable to the Government — a revenue-paying estate, recorded in the revenue rolls.
Dividing the joint estate into separate shares by metes and bounds, so each co-owner holds a defined portion.
Giving one co-owner exclusive possession of his own divided share of the estate.
The chief revenue officer of a district — the authority § 54 entrusts with the actual partition.
A gazetted revenue officer whom the Collector authorises to carry out the partition on his behalf.
The picture — court declares, Collector divides
The civil court’s job ends at declaring the right to partition; the physical division of a revenue estate is handed to the revenue authority — except in Karnataka, where the Court keeps it.
Phrase by phrase
One sentence, four moving parts:
State amendment — Karnataka: the Court does it
For Section 54, the following Section shall be substituted, namely:—
54. Partition of estate or separation of share.—
Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share of such an estate shall be made by the Court in accordance with the law if any, for the time being in force relating to the partition or the separate possession of shares, and if necessary on the report of a revenue officer, not below the rank of Tahsildar or such other person as the Court may appoint as Commissioner in that behalf.
[Vide Karnataka Act 36 of 1998, sec. 2.]
A complete substitution of § 54 for Karnataka (Karnataka Act 36 of 1998, s. 2) — it replaces the whole central section, not just a phrase.
The partition is made by the Court itself, not the Collector. If necessary, the Court acts on the report of a revenue officer not below the rank of Tahsildar, or through a Commissioner it appoints.
Partition stays within the judicial process — court-controlled and usually quicker — instead of being handed out to the revenue department. The revenue officer is reduced to a reporting / advisory role.
How § 54 connects
§ 54 is the special execution route for partition decrees over revenue estates. The live links open the provisions around it.