TEJWANT SINGH Vs. SARAN KAUR

JUDGEMENT

(1.) SMT . Sharan Kaur, respondent No. 1, resident of Jour Bagh, New Delhi applied for partition of land on 28.4.2004. Out of fifteen respondents, the present two petitioners namely Tejwant Singh and Rajwant Singh, through their General Power of Attorney, Major Gurnam objected to the maintainability of the partition application on the following grounds :-

(2.) THE above objections were rejected and the Assistant Collector Grade-1, Mohali, decided to proceed with the partition vide his order dated 17.10.2000. No appeal was filed against this order. Naksha 'Ura' was approved as there was no objection from any side. Mode of Partition was proposed by the Assistant Collector Grade-1 and as there was no objection, the same was approved on 20.2.2001 and Naksha 'Alra' was accordingly called for from the Field Kanungo. On receipt of Naksha 'Be' i.e. Aira, objections were invited. At this stage the petitioners filed objection dated 17.5.2001 vide which it was said that they had filed another partition application for another Khewat and requested that the same my be clubbed with the present case. Simultaneously, they also said that the land comprised in Khasra Nos. 19//2/3, 9/2, 11/2 and 12, as mentioned in item No. (iii) of the above paragraph, be allotted to them as they had invested in this land.

(3.) THE question of compensation for investment in the land should have been raised at the stage of Mode of Partition so that a provision to this effect could be made in the Mode of Partition if merit was found in such a claim. The Assistant Collector Grade-1, finalized the partition. Appeal and revision of the petitioners against the above order were rejected by the Collector, Mohali and Commissioner (Appeals), Patiala Division vide their respective orders dated 20.12.2001 and 24.2.2003.