JAGJIT SINGH Vs. RANVIJAY SINGH

JUDGEMENT

(1.) THIS petition is directed against the order of Additional District Judge, Patiala, who vide order dated 2.8.1991 accepted the appeal and remanded the case to the trial Court for disposal according to law.

(2.) THE relevant facts for the disposal of this petition are that during consolidation proceedings in Rajinder Nagar, the consolidation department left 314 kanal 10 marlas land as per "Missal Hakiat" prepared by the consolidation Department as "Jumla Malkan Wa Digar Haqdaran Aranzi Hasab Rasad Rakba" and being the land owner in the said village has also a share in the total land measuring 314 Kanal 10 Marlas. The defendant-respondent filed a petition for re-partition of the land measuring 88 Kanals 18 marlas under Section 42 of the Act before the Director Consolidation of Holdings, who vide order dated 9.6.1987 decided the petition of the petitioner and remanded the case to Consolidation Officer, Mohali for defining the share of the right holders concerned only in the land measuring 88 kanals 18 marlas. The respondent impugned the order by way of declaratory suit on the ground that the order is illegal, null and void, without jurisdiction and is also beyond the scope of the petition as no prayer was made to the Director for defining the share nor any such ground was taken in the petition by the petitioner. The impugned order was also challenged on the ground that the order of the Director is only with regard to the land measuring 88 Kanals 18 marla whereas the total land was 314 kanals 10 marlas. The petition filed by the petitioner under Section 42 of the Act before the Director in the year 1987 was barred by time whereas the consolidation in village Rajinder Nagar has taken place in the year 1959.

(3.) THE defendant-petitioner being dissatisfied with the order passed by the Additional District Judge, preferred this revision.