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Section 11

The Telangana Atiyat Enquiries Act, 1952.State Act of Telangana · Act 10 of 1952

(1) From the original decision of—

(a) an Atiyat Deputy Collector, an appeal shall lie to the Atiyat Collector;

14. The reference “clause (a), (b) or (c)” was omitted by Act XXVIII of 1956.

15. Section 10 was renumbered as sub-section (1) thereof and subsection (2) was inserted by ibid.

16. Section 11 substituted by Act XXVIII of 1956.

Jurisdiction and procedure of Atiyat Courts.

Appeals.

[Act No. X of 1952] 7

(b) an Atiyat Collector, an appeal shall lie, to the Nazim Atiyat before the appointed date, and as from that date to the Board of Revenue;

(c) the Nazim Atiyat, an appeal shall lie to the Board of Revenue.

(2) Before the date of the publication of the Hyderabad Atiyat Enquiries (Amendment) Act, 1956, in the Official Gazette, from the appellate decision of an Atiyat Collector, an appeal shall lie to the Nazim Atiyat and from an appellate decision of the Nazim Atiyat to the Board of Revenue whose decision shall be final.

(3) As from the date referred to in sub-section (2), the appellate decision of an Atiyat Collector, whether passed before or after that date, shall be final and no further appeal or revision shall lie therefrom:

Provided that nothing in this sub-section shall be so construed as to affect in any way any appeal pending on that date in the Court of the Nazim Atiyat or the Board of Revenue, and such appeal shall be continued and disposed of and the decision passed therein shall be final and no further appeal or revision shall lie therefrom.

(4) All appeal cases pending in the Court of the Nazim Atiyat on the appointed date, shall be transferred to the Board of Revenue and on such transfer the Board of Revenue shall dispose of such cases as if they had been filed in the Board of Revenue. The decision of the Board of Revenue shall be final and no appeal or revision shall lie therefrom.]

8 [Act No. X of 1952] Miscellaneous.

12. 17[(1)] In so far as questions of succession, legitimacy, divorce or other questions of personal law are concerned, the final decision of a Civil Court shall be given effect to by the Atiyat Court established under this Act on the decision being brought to its notice by the party concerned or otherwise irrespective of whether the decision of the Atiyat Court was given before or after the decision of the Civil Court.

17[(2) If in the course of any enquiry as to claims to succession, any dispute arises involving questions of succession, legitimacy, divorce or other questions of personal law, the Atiyat Court shall direct the parties to get the dispute decided in the competent Civil Court. On the production of the final decision of the Civil Court, the Atiyat Court shall give effect to such decision.]

Where this provision sits

ActThe Telangana Atiyat Enquiries Act, 1952.
Section11
JurisdictionState of Telangana
StatusIn force as published by the source

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