RISHI AGGARWAL Vs. FINANCIAL COMMISSIONER,STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed this petition whereby the order dismissing the application by AC-I has been set aside allowing the partition to continue. Alleging this to be in contravention of Section 117 of Punjab Land Revenue Act,1887, the petitioner has approached this court pointing out that question of title of the land between the petitioner and respondent No.3 is still pending adjudication before the civil court and so the partition proceedings can not continue.

(2.) The petitioner and his aunt (respondent No.3) jointly purchased land measuring 35 kanals 7 marlas, situated in village Baghola, Tehsil and District Palwal (Haryana) in equal shares on 5.2.1996. As per the petitioner, respondent No.3 agreed to sell her share to the petitioner on 18.8.1999 and received the whole sale consideration amount through bank draft. She also agreed to execute the sale deed in favour of the petitioner. The petitioner claims to have been put in exclusive possession of the entire land. After nine years, respondent No.3 has filed an application for partition of land on 1.5.2008. When the petitioner received a notice, he filed a civil suit on 16.11.2008 praying for specific performance of an agreement to sell made by respondent No.3 in his favour. Civil Judge, Palwal has restrained the alienation of the suit property till the disposal of the suit.

(3.) Assistant Collector Ist Grade carried out physical inspection of the land and vide his order dated 29.1.2010 dismissed the partition application by observing that petitioner is in possession of the entire land and that suit for specific performance is pending.