application is
5
duly maintainable as per the provisions of Section 178 of
MPLRC because the partition is a redistribution or adjustment of
pre-existing ... application is filed u/S 178 of MPLRC. Proviso to Section 178 of
MPLRC runs as under:-
''178. Partition of holding
MPLRC, 1959 submits that in terms of sub section (1) of section 178-A of
MPLRC, 1959, the Bhumiswami, if he wishes to partition ... word "legal heir s" in sub section 2 of section 178 of
MPLRC, 1959 makes it clear that the Tehsildar ought to have
objection as regards maintainability of the application filed under Section 178 of
the MPLRC, on the ground that the applicants are not title holders ... provisions of Section 178(1) of
the MPLRC. Sub-Section (1) of Section 178 reads thus :
"178. Partition of holding.-(1) If any holding
light of the proviso to sub-Section 1 of Section 178
of MPLRC only if any question of title is raised before Tehsildar during ... question of title and further as per sub-Section 1-A of
Section 178 MPLRC if a civil suit is filed within the period specified
filed an application before the
2
Tahsildar under Section 178 of MPLRC for partition of the land
between Heeralal Shah, Pranlal Shah, Shakar Ben Shah ... Civil Court. In view of the
same provision of Section 178 of MPLRC is not attracted in the case
and Tahsildar has no power
Section 110(4) of the
MPLRC and Rule 32 of the Mutation Rules, was not
followed.
(d) By virtue of the provisions of Section 178 ... under Section
113 of the MPLRC could only be exercised by a Sub-Divisional Officer
and also that (ii) the powers, under Section 178
order dated
4.9.2012 without following the procedure prescribed in Section
178 of the MPLRC. The petitioners have not filed the copy of
the proceedings ... 2019
Jagdish & others. V/s. Rameshchandra
-: 4 :-
prescribed in Section 178 of MPLRC was followed. The
respondent was not made party before the Tehsildar
2020-21, whereby initially Tehsildar had
allowed an application under Section 178 of MPLRC for partition
preferred at the instance of the present respondents ... present
respondent no.1 to 4 moved an application under Section 178 of
MPLRC for partition which was registered as case No.72/2019
that the
Tehsildar rightly declined to entertain an application under Section 178 of
MPLRC because there is dispute about the title of the land ... gives right to the parties to apply for partition under
Section 178 of MPLRC before the Tehsildar. In order to get the land
partisoned amongs
Further no such facts are mentioned in
application under Section 178 MPLRC (Exhibit P/2).
14. If pleadings of the parties and evidence adduced
