Section 129 in The Himachal Pradesh Land Revenue Act, 1953
129. Disposal of questions as to title in property to be divided.
(1)When there is a question as to title in any of the property of which partition is sought, the Revenue Officer may decline to grant the application for partition until the question has been determined by a competent Court, or he may himself proceed to determine the question as though he were such a Court.(2)Where the Revenue Officer himself proceeds to determine the question, the following rule shall apply, namely-(a)if the question is one over which a Revenue Court has jurisdiction, the Revenue Officer shall proceed as a Revenue Court under the provision of [law for the time being in force] [ Substituted for the words and figures The Himachal Pradesh Abolition of Big landed Estates and Land Reforms Act, 1953', which were substituted by the HP. Act 15 of 1954, under section 26 of HP. Act 21 of 1976.];(b)if the question is one over which a Civil Court has jurisdiction, the procedure of the Revenue Officer shall be that applicable to the trial of an original suit by a Civil Court and he shall record a judgment and decree containing the particulars required by the Code of Civil Procedure to be specified therein;(c)an appeal shall lie from the decree of the Revenue Officer under clause (b) as though that decree were a decree of a Subordinate Judge in an original suit;(d)upon such an appeal being made, the District Court or [High Court] [Substituted for words 'Judicial Commissioner 4 Court 'by section 26 of HP Act 21 of 1976.] as the case may be, may issue an injunction to the Revenue Officer requiring him to stay proceedings pending the disposal of the appeal;(e)from the appellate decree of a District Court upon such an appeal a further appeal shall lie to the [High Court] [Substituted for words 'Judicial Commissioner 4 Court 'by section 26 of HP Act 21 of 1976.] if such a further appeal is allowed by the law for the time being in force.
