SARDARA SINGH Vs. JAGIR SINGH

JUDGEMENT

(1.) THIS revision petition relates to partition case. The petitioner, Sardara Singh purchased 9/4 share of total land, measuring 1 Bigha - 8 Biswas on 3.5.82 and the remaining 1/4 share, measuring 7 Biswas was purchased by the respondent, Jagir Singh on 21.8.86.

(2.) THE respondent, Jagir Singh applied for partition of land on 24.10.86. The Assistant Collector Grade-1, Ropar sanctioned Mode of Partition on 19.1.87 in which it has been stated that 7 biswa of land is to be given to the applicant, Jagir Singh toward the north. The respondent, however, felt aggrieved by Clause (3) of the Mode of Partition which provided that the trees will not be separately accounted for and will belong to the person who gets the land. The respondent filed appeal against Clause (3) of the Mode of Partition. The Collector, Sub-Division, Ropar accepted the appeal on 4.5.87 and remanded the case to the Assistant Collector Grade-1 with the direction that value of Mango trees be assessed in the presence of the parties as well as in the presence of the respectables of the village and a Clause be added to the effect that value assessed would be distributed as per share of the parties. The petitioner did not assail this order which attained finality. The Assistant Collector accordingly assessed the value of Mango trees vide order dated 4.6.96 at Rs. 9,500/-.

(3.) THE respondent filed appeal against the above order before the Commissioner (Appeals), Patiala who remanded to case with the following observations :-