RAJENDER RANA Vs. N.C.T. OF DELHI

JUDGEMENT

(1.) LATE Vijay Singh, Om Prakash and Baldev Singh, all three were sons of Mr. Bhoop Singh. Petitioner No.1 Mr. Rajender Rana, Petitioner No.2 Mr. Raj Singh Rana, Petitioner No.3 Mr. Jai Singh Rana and Petitioner No.4 Mr. Karan Singh Rana are sons of late Mr. Vijay Singh and grandsons of late Mr. Bhoop Singh. Petitioner No.5, Mr. Satpal Singh is son of late Mr. Om Prakash and grandson of late Mr. Bhoop Singh. The petitioners have challenged the order dated 2nd November, 2007 passed by the Financial Commissioner dismissing their revision petition under Section 426 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act, for short). The contesting respondent Mr. Baldev Singh, now represented by his legal heirs, was son of late Mr. Bhoop Singh.

(2.) LATE Vijay Singh, Omprakash and Baldev Singh were joint owners/bhumidars of land measuring 31 bigha and 18 biswa in village Khera Kalan in the pre-consolidation.

(3.) MR . Vijay Singh and Mr. Satpal Singh jointly moved an application dated 3rd May, 1999 seeking separation/partition. The respondent No. 2, Mr. Baldev Singh, however, by his letter dated 22nd February, 2000 objected to separation/partition and in view thereof vide order dated 6th December, 2001 the Consolidation Officer recorded that no mutual settlement was arrived at between the parties and allotments should be made in accordance with the scheme of consolidation and there was no reason to interfere with the allotments made under Section 21(1) of the Act.