RAM PHOOL Vs. TEJ SINGH

JUDGEMENT

(1.) Petitioner-Mr. Ram Phool and his five co-sharers-respondents herein had a joint khata of agricultural land in Vill. Khera Kalan, Delhi.

(2.) Consolidation proceedings were initiated vide Notification dated 19th December, 1996 under Section 14(1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act, for short). Thereafter, draft consolidation scheme was announced on 18th June, 1999 and confirmed by the Settlement Officer on 13th August, 1999. The repartition scheme was published and undertaken under Section 21(1) from 7th December, 1999 to 10th December, 1999.

(3.) Some of the co-sharers sought partition of the agricultural land. The petitioner and another co-sharer-Mr.Ram Kishan objected to the partition of Khewat. In view of the consolidation scheme and Section 21(2) of the Act read with Rule 4(5) of the applicable Rules, the objection was upheld and it was held that till all co-sharers agreed to separation of the Khata of the Khewat, joint holdings cannot be separated. This Order dated 9th November, 2001 passed by the Consolidation Officer is now the subject matter of an appeal pending before the Settlement Officer. In this appeal, there are allegations that all the co-sharers had agreed to partition, etc. We are not concerned with this appeal, which is still sub judice.