If a suit is filed for partition in respect of Estate - shall send the said decree to the Collector - suit is filed in respect of ryotwari land - court has to pass preliminary decree and thereafter pass final decree.

Madras High Court

K.Jaya @ Jayalakshmi vs Padma @ Padmavathi on 15 June, 2020        

CRP(NPD). Nos.1633 and 2035 of 2020 and          

CMP.No.9997 of 2020 in CRP(NPD). No.1633 o

f 2020

         In the result, the reference is answered as follows:- If a suit is filed for partition in respect of Estate as defined in the Tamil Nadu Estate land Act, 1908 or under any other Estate Laws which are mentioned under Section 7 of the Tamil Nadu Court Fee and Valuation  Act as stood before the amendment by Act of 2017, the civil court after passing the decree declaring the rights of the parties interested in the property shall send the said decree to the Collector as per Order 20 Rule 18 (1) of CPC to divide the property by following the provisions of Sections 54 of CPC. Where a suit is filed in respect of ryotwari land and other immovable properties or movable properties, the court by following the procedures prescribed under Order 20 Rule 18 (2) has to pass preliminary decree and thereafter pass final decree.