Suresh Chandra vs Board of Revenue U.P.

This second appeal involves a dispute over the partition of joint family agricultural property. The Court ruled that under the U.P. Zamindari Abolition and Land Reforms Act (now subsumed in the U.P. Revenue Code), a co-tenure holder can file a suit for partition under Section 116. The Court emphasized that physical possession does not automatically amount to partition unless a formal decree of partition is passed and demarcated on the spot by the revenue authorities.