MOHINDER SINGH Vs. JAGIR SINGH

JUDGEMENT

(1.) THIS revision petition has been filed under Section 16(1) of Punjab Land Revenue Act, 1887, against the order dated 28.6.2001 passed by the Additional Commissioner (Appeals), Jalandhar Division, Jalandhar.

(2.) THE brief facts of the case are that respondent No. 1 filed an application for partition of land on 19.1.1998 in the court of Assistant Collect 1st Grade, Bholath regarding Khewat No. 205, Khatoni No. 296-97, Khasra No. 14//20(7-2), 21/1 (3-16), 13//25/1 (1-16) total 12K-4M situated in village Lamme, Tehsil Bholath, District Kapurthala. Total 8 persons were impleaded as party-respondents in the above mentioned application. The Assistant Collector 1st Grade, Bholath accepted the partition application vide order dated 26.10.99. Two appeals were filed before the Collector, Bholath against the order of the Assistant Collector 1st Grade, Bholath. One appeal was filed by Karnail Singh and other by Lakhwinder Singh. The Collector, Bholath came to the conclusion that compliance of Section-20 of the Punjab Land Revenue Act has not been done and remanded the matter back on 29.2.2000 to the Assistant Collector Ist Grade, Bholath. Jagir Singh, respondent No. 1 filed appeal before the Additional Commissioner (Appeals), Jalandhar Division, Jalandhar against the order of the Collector. The Addl. Commissioner (Appeals), Jalandhar Division, Jalandhar accepted the appeal filed by Jagir Singh on 28.6.2001 and set aside the order of the Collector, Bholath, necessitating the present revision petition.

(3.) THE next argument raised by the counsel for the petitioners is that it was partial partition. The Jamabandi for the year 1993-94 has been attached with the revision petition filed by the petitioners before this court and the said Jamabandi shows that Jagir Singh and Dalip Kaur (mother of the petitioners) were co-sharers in Khewat Nos. 27, 205 and 22 and as such, the application for partial partition was liable to be set aside. The reference has been made to the last part of the order of the Additional Commissioner (Appeals) in which it has been stated that there is no evidence to show that any tubewell/bore/Engine/Kotha is situated in Khasra No. 14//20. The Additional Commissioner (Appeals) has not taken care of Jamabandi for the year 2000-2001 which clearly shows that Gair Mumkin Bore (Engine) is mentioned in the Khasra Girdawari. Lastly, the counsel has submitted that the Assistant Collector Ist Grade, Bholath did not afford any opportunity to the petitioners as they were not before him on or before 22.10.98 when they were impleaded as legal representatives of Dalip Kaur (deceased). The reference has also been made to the mode of partition which provides that partition has to be done by keeping the possession of Khasra No. 14//20 and 13//16. But the Assistant Collector Ist Grade, Bholath has given some area out of Khasra No. 14//20 to the respondent No. 1 which is total against the mode of partition. The counsel for the petitioners has also made submission for acceptance of the revision petition and for remand of the case back to the Assistant Collector Ist Grade, Bholath.