PARDEEP KUMAR Vs. MAHABIR

JUDGEMENT

(1.) PETITIONERS are the vendees. On purchase, they applied to the Assistant Collector Grade II, Charkhi Dadri for getting their land partitioned. Respondents, on appearance, raised an objection to the continuance of the partition proceedings. Their objection was that they had filed a suit in Civil Court in which the sale in favour of the petitioners stands challenged on the ground that the property belonged to Hindu Undivided Family and thus, could not be sold without any legal necessity. On the strength of the suit which they had filed in the Civil Court, they asked the Asstt. Collector to stay the proceedings since the question of title was involved. Assistant Collector Grade II, vide order dated November 20, 1990, found as follows :-

(2.) THE only contention of Mr. V. K. Jain, Senior Advocate, counsel for the petitioners, is that no appeal was maintainable before the District Judge because there was no decision of the Revenue Court declining the question of title. In reply, Mr. Rajiv Bhalla, counsel for the respondents, contended that the Assistant Collector did decide the question of title and, therefore, the appeal was rightly entertained by the Distt. Judge.

(3.) HAVING heard the counsel for the parties at length I am of the view that the order of the District Judge cannot be sustained. Section 117 of the Punjab Land Revenue Act. 1887 deals with appeal. For facility of reference, Section 117 is reproduced below :-