ARJAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) HAS the Financial Commissioner erred in accepting the claim of respondents No. 2 to 4 that the family property had been partitioned through a family settlement ? This is the short question. A few facts.

(2.) SANTU had four sons - Arjan Singh, Sadhu Singh, Sarwan Singh and Mukhtiar Singh. The first of these viz. Arjan Singh filed a petition in or about the year 1981 for partition of the land measuring 149 kanals 19 marlas. The remaining three brothers raised an objection. They pointed out that the land had already been partitioned through a family settlement. The Assistant Collector declined to proceed with the petition for partition. He directed Arjan Singh to approach the Civil Court. He did. Civil Suit No. 537 of 1982 was instituted on May 13, 1982. The trial Court framed various issues including :

(3.) AS a result of the above, issue No. 1 was decided against Arjan Singh, the present petitioner (now represented through his Legal Representatives). Issue No. 2 was found to be redundant. Arjan Singh appealed. The Additional District Judge, Ludhiana, dismissed this appeal vide judgment dated November 4, 1985. The decree passed by the Civil Court was thereafter challenged before the High Court and the Apex Court. The Regular Second Appeal and the Special Leave Petition were, admittedly, dismissed. Thus, the finding of the trial Court that there was an oral partition and that it had been acted upon became final.