AJIT SINGH Vs. CHARAN KAUR

JUDGEMENT

(1.) THIS is a petition under Section 24 of the Punjab Security of Land Tenures Act, 1953 seeking to revise the order dated 31.10.2001 of the Commissioner, Jalandhar Division, Jalandhar, and the order dated 22.4.1999 of the Additional Deputy Commissioner-cum-Collector, Gurdaspur, and to restore the order dated 14.1.1998 of the SDM-cum-Assistant Collector, 1st Grade, Batala, in Form 'L' proceedings.

(2.) RESPONDENT -Charan Kaur filed an application in Form 'L' on 15.5.1989 for ejectment of Sohan Singh, predecessor-in-interest of the petitioners, from land measuring 47K 2M situated in village Damodar, H.B. No. 389, Tehsil Batala, District Gurdaspur, for failure to pay rent regularly without sufficient cause. The Assistant Collector, Ist Grade rejected the application as not maintainable since all the landowners had not been impleaded as parties. Proceedings for partition of the joint land are still pending before the Tehsildar.

(3.) COUNSEL for the petitioners has placed on record copies of the Jamabandi for the years 1988-89 and 1993-94 wherein the land is still joint. He has also placed on record documents to show that one Kamaljit Kaur filed a subsequent application for partition of the same land which was decided on 2.1.2002. Only the share of Kamaljit Kaur has been separated. The rest of the land is still joint. In view of this, it cannot be said that Charan Kaur has become exclusive owner of the said land when she filed the application in Form 'L'. The petition is accepted and the impugned orders are set aside. To be communicated. Petition accepted.