KAKA SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) VIDE order under challenge, application of the petitioners to lead additional evidence was declined. By moving that application, petitioners intended to place on record copy of order dated June 13, 2005, passed by the Assistant Collector Ist Grade, Kharar, inter se the parties. VIDE that order, while effecting partition amongst the parties, it was observed that respondents No. 1 and 2 have no share in the property.

(2.) THAT application was dismissed simply by stating that the said order is not necessary, to be brought on record, as the same is not material for disposal of the lis between the parties. This Court is of the view that order passed by the Court below, to that extent, is not justified. In order dated June 13, 2005, it has been stated that in the remaining property, respondents No. 1 and 2 have left no share. While saying so, their entitlement in the total land was looked into. Order passed certainly shall have a bearing, when share of the parties will be determined by the Court below, while deciding their application under Section 30 of the Land Acquisition Act. Consequently, this revision petition is allowed, the order under challenge is set aside , application of the petitioner for leading evidence, stands allowed.