Section 138 in Maharashtra Land Revenue Code, 1966
138. Effect of settlement of boundary.
(1)The settlement of a boundary under any of the foregoing provisions of this Chapter shall be determinative-(a)of the proper position of the boundary line or boundary marks, and(b)of the rights of the landholders on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings.(2)Where a boundary has been settled as aforesaid the Collector may at any time summarily evict any landholder who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims.(3)An order of ejectment under sub-section (2) shall, subject to the provisions of sub-sections (4) and (5), be subject to appeal and revision in accordance with the provisions of this Code.(4)Where any person has been ejected or is about to be ejected from any land: under the provisions of sub-section (2), he may, within a period of one year from the date of the ejectment or the settlement of the boundary, institute a civil suit to establish his title thereto:Provided that, the State Government or the Collector, or any Revenue or Survey Officer as such, shall not be made a party to such suit.(5)Where a civil suit has been instituted under sub-section (4) against any order of ejectment, such order shall not be subject to appeal or revision.(6)The Collector may at any time make an order for redistribution of land revenue which, in his opinion, should be made as a result of the decision of the appeal or revision, or as the case may be, the suit, and such redistribution shall take effect from the beginning of the revenue year following the date of the order.
