SURJIT KAUR Vs. PRITAM SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment and decree dated January 28, 1981, passed by the appellate Court below, vide which judgment and decree passed by the trial Court were reversed. During arguments, a very fair stand has been taken by counsel for the parties that 21 Bighas and 16 Biswas of land in specific Khasra numbers, as sold by respondent No. 1 in favour of respondent No. 2, be treated as a sale of share in the joint Khewat. It has further been agreed that respondent No. 2 shall get possession of the land falling to her share, in the joint khewat, by way of partition. Her counsel states that respondent No. 2 will move an application for partition within six weeks from today. Counsel for the appellant states that in that event, she shall not try to obstruct the partititon proceedings and will help in expeditious disposal of the same. It has further been stated that the appellant shall appear before the Collector immediately on getting notice of the application filed and further that if she is found in possession of excess land, she will deliver possession of the same on passing of the order by the Collector. Counsel for the parties have further agreed that the Collector may give only two opportunities each to both the parties, to lead their evidence and dispose of the partition proceedings within six months after appearance of the appellant before him.

(2.) It is made clear that the Khasra numbers, which have been mentioned in the sale deed, in dispute, shall have no bearing so far as partition proceedings are concerned, the land be allotted to the parties as per their shares in the joint Khewat, as per law.

(3.) In view of facts mentioned above, this appeal is disposed of in the terms, as referred to above. Copy of the order be given Dasti on payment of usual charges.