DALJIT SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) This revision petition is under section 16 of the Punjab Land Revenue Act, 1887 against the order dated 1.4.09 of Commissioner Patiala Division, Patiala.

(2.) FACTS in brief of this case are that Amrik Singh the present respondent filed an application for the correction of Khasra girdawari of the land situated in village Assi Kalan as fully described in the order dated 14.6.07 of A.C.II A.C.II after visiting the spot, ordered the correction of Khasra girdwari in the name of respondent Amrik Singh s/o Bakshish Singh from Sauni 2007. Aggrieved by this order, Present petitioners filed an appeal before the SDM-cum-Collector Ludhiana(East) mainly on the ground that the land is joint Khata and a partition case is pending. The Collector after hearing both the parties vide his order dated 29.10.2007 accepted the appeal, set aside the order dated 14.6.07 of A.C.II Dehlon and ordered to adjourn the Khasra girdawari case till the decision of partition case. Amrik Singh challenged this order before Commissioner by filling an appeal which was accepted on 1.1.2009 and the order dated 29.10.2007 of Collector was set aside. Hence the present revision.

(3.) I have given thoughtful consideration to the written arguments propounded by counsel for the petitioners, revision petition as well as orders and record of the lower courts. I have carefully perused written arguments filed by counsel for the respondent. Though for the correction of khasra girdawari only cultivating possession of the parties is to be seen at a particular point of time, which can be verified by spot inspection; in the instant case A.C.II ordered the correction of khasra girdawari on 14.6.07 during the pendency of partition case of land in dispute which was decided on 9.4.09. by A.C.I and revision petition No. RR 6/2010 is pending before the Commissioner Patiala Division, Patiala. It is obvious that respondent Amrik Singh filed application for correction of khasra girdawari only to strengthen his case in the partition matter. In my considered view during the pendency of partition proceedings, it is not advisable to change khasra girdawari of land in dispute in favour of particular share holders which will lead to multiplicity of litigation. In my considered view order dated 29.10.07 of Collector Ludhiana are well reasoned and the Commissioner has erred in his judgement while reversing the same. I, therefore accept the present revision petition, uphold order dated 29.10.07 of Collector and set aside order dated 1.4.09 of Commissioner. .