SATISH KUMAR Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The land in dispute measuring 417 Kanals 18 Marlas, situated in village Nigdhu in District Karnal, is owned by 4 brothers to the extent of 1/4th share each. The aforesaid land is situated in 3 blocks; Plot No.1 measuring 257 Kanals 14 Marlas adjoins the main road, i.e. Nilokheri- Pehowa Road, is very valuable as it could be used for commercial and residential purposes. The value of the land adjoining the road is Rs. 50,00,000/- per acre, whereas the land situated on the back portion is of the value of Rs. 20,00,000/- per acre. Plot No.2 is measuring 149 Kanals 01 Marla in which the parties have constructed their houses/deras, whereas Plot No.3 is measuring 10 Kanals, adjoining the village abadi and a colony has been built adjoining to this piece of land.

(2.) Since respondent nos.3 and 4 have been enjoying the possession of entire valuable land, father of the petitioners filed an application under Section 111 of the Punjab Land Revenue Act, 1887 (hereinafter referred to as the "Act") on 26.02.2004 before the Assistant Collector 2nd Grade, Nilokheri, for partition of the land in dispute, in which one of the brothers, namely, Dhian Singh made a statement before the Assistant Collector 1st Grade on 23.03.2004 that he has no objection if the land is partitioned keeping in view the value and nature, but the other two brothers, namely, respondent nos.3 and 4 raised an objection that the application for partition is not maintainable as there has been already a family partition and the parties are in possession of their respective shares accordingly.

(3.) The Assistant Collector 2nd Grade, vide his order dated 04.06.2004, dismissed all the objections of respondent nos.3 and 4 by holding that there is no private partition between the parties; the partition application is maintainable and that the entire valuable land adjoining the pucca road is in possession of respondent nos.3 and 4. This order was not challenged by way of appeal or revision by respondent nos.3 and 4 and, thereafter, the Assistant Collector 2nd Grade, framed the mode of partition according to which 4 kurras were carved out for all the 4 brothers. In clause no.3 of the mode of partition, it has been provided that "the land to be partitioned is situated in four plots. The land which adjoins the road, is very valuable. Therefore, equal front be given to each of the four co sharers. From the remaining plots all the co-sharers be given equal shares according to their entitlement. Therefore, the partition be carried out without taking into consideration the possession".