Land/Partition

LECTURE 10
What is land?

Dictionary meaning:

Osborn’s Concise Law Dictionary- any ground, soil or earth whatsoever.

Blackstone says It includes earth and buildings over it, water, mines, minerals, rights derived from land,

rent, easement, benefit derived from land. Therefore, it includes both tangible and intangible things or

corporeal and incorporeal hereditaments.

Section 2 (16) of the State Acquisition and Tenancy Act, 1950 defines land:

Land means which is cultivated, uncultivated or covered with water, at any time of the year and

includes benefit to arise of land, houses or buildings and also things attached to the earth or

permanently fastened to anything attached to the earth.

Definition of land includes all fisheries and right to fisheries.

Classification of Land

Land can be divided into

1. Agricultural land

Section 2 (16) of the State Acquisition and Tenancy Act, 1950 defines agricultural land as land

which is used for purposes connected with agriculture or horticulture

2. Non-agricultural land

Non-agricultural land- section 2 (4) of the Non-Agricultural Tenancy Act, 1949 defines non-

agricultural land as land which is used for purposes not connected with agriculture or

horticulture and includes any land which is held on lease for purposes not connected with

horticulture irrespective of whether it is used for any such purposes or not.

The above definition does not include-

A. a homestead

B. land which was originally leased for agriculture or horticultural purposes but is being used not

connected with agriculture or horticulture without the consent of the Deputy Commissioner, if the

period for which such land has been so used is less than twelve years and

C. land which is held for purposes connected with cultivation or manufacture of tea.
Under sections 5© (ii) and 85 of the Non-Agricultural Tenancy Act, 1949 non-agricultural land

does not include the lands held for the exercise of rights over forests or rights over fisheries or

rights to minerals.
Partition
There is a thing which is called ejmali property or joint property. Without partition by mutual

consent or by the decree of the court separate khatiyan cannot be opened for such property.
When the co-owners of a land divide it between them as individual owner and makes deed it is

called partition deed.

•Condition of partition completion:

1. The land must be actually partitioned by demarcating the boundary;

2. In the deed, the property allotted for each owner must be mentioned.
•The partition must be agreed by all the co-owners

•The description of the partition must be clear.

•Each deed must be signed by all the co-sharers

•The deed must be registered with proper stamp duty

•The partition if subsequently disagreed by any co owners then it can be enforced by the civil court.
•The stamp is at 2% of the price of the land.

•Requirement of partition suit:

•Court fees of 100 taka

•300 taka for each saham

•Ownership document

•The land of each dag/plot is distributed amongst all the co-sharers.

There are two decrees in partition suit.

Preliminary decree: in this partition order is given according to share

Final decree: amin or advocate survey commission is sent by the court to possess the land and

the boundary is designated by pillar. force can be sent, if necessary, to hand over the possession.
End of Lecture 10
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