BALDEV SINGH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) THIS is a revision petition filed against the order of the Additional Commissioner (Appeals) Patiala Division, Patiala vide which he dismissed the revision petition filed by the present petitioners against the order of the Collector, Raikot dated 21.6.1996. Vide this order the Collector, Raikot dismissed the appeal filed against the order of the Assistant Collector-Ist-Grade, Raikot date 12.2.1996 vide which he ordered the partition of the land which is subject of this revision. The details of the case are contained in the orders of the lower Courts and need not be gone into again.

(2.) ON 14.12.2005 the counsels for both the parties appeared before me and arguments were heard. Orders were reserved.

(3.) ON behalf of the respondents it was urged that the so-called family partition was no final partition in the eyes of law since it was clearly laid down in the Land Revenue Act, and has also been held by various Courts, that a family partition has no relevance unless it is entered in the revenue record as such. The so-called partition referred to by the petitioners was more than 40 years and there was no reference to this in the land records. Accordingly, therefore, it had no legal value, and could not be a base for either partition proceedings or determining the outcome of partition proceedings. Moreover, it was urged that this issue ought to have been settled at the time of determining the mode of partition. Further, the mode of partition had been finilized by the Assistant Collector on 30.11.1995. This was not challenged and had become final. The mode of partition clearly indicates that the land that is to be partitioned and the manner in which this is to be done, by maintaining possession. If the petitioners desired that the so-called family partition of 25.5.1959 be the basis of the partition proceedings, this is the stage at which they should have filed their claim, which was not done. At the stage of final partition, therefore, they could not have raised the issue of the so-called family partition of 25.5.1959.