HARNAM SINGH Vs. GANDA SINGH

JUDGEMENT

(1.) The present case has been reported by the Commissioner, (Appeals), Jalandhar Division, Jalandhar, under section 16 of the Punjab Land Revenue Act, 1887, against the order dated 28.8.1987, passed by the Collector, Gurdaspur, with her opinion that the present revision petition be accepted, the order passed by the AC I, as well as, the order passed by the Collector, Gurdaspur be set aside and the case be remanded to the ACI, Gurdaspur for fresh decision, in the light of the observations made in the reference dated 19th December, 1989.

(2.) BRIEF facts of this case, are, that Ganda Singh son of Sohawa Singh, resident of village Dhariwal Khichian, Tehsil and District Gurdaspur had made an application to the ACI, Gurdaspur on 21.3.1985, for the separation of his 1/6th share from out of the joint-land measuring 134K-18M, situate at village Khichian, as per the Jamabandi for the year 1982-83. The notice of this application was given to the other co-sharers and the respondent No. 16 -Harnam Singh the present petitioner, had objected to this application, by making applications dated 9.7.1985, 20.8.1985 and 19.985, asserting that these applications for partition did not lie because Ganda Singh had made a similar applications dated 19.1.1981 to the Tehsildar, Gurdaspur earlier, but the same was rejected by the Tehsildar, as per his order dated 18.1.1987 (copy of which has been placed on the record). The assertions made by Harnam Singh were replied to, by Shri Ganda Singh, in his replications dated 1.8.1985 and 23.8.1985, by submitting that he had never made applications under section 111 of the Act ibid, by mentioning the specific khasra numbers in the applications for partition; and he had only sought affirmation of the private partition, by making application to the ACI, but the ACI had rejected the same by treating this application under Section 111 of the Act ibid, because Harnam Singh etc. had denied any private partition of the suit land, and in their reply dated 1.4.1981 (photocopy placed on the record) filed by Harnam Singh etc. it was stated,

(3.) IN view of the above discussion, the present revision petition is rejected being redundant and infructuous; and the case is remanded to the Tehsildar-cum-ACI, Gurdaspur, with the direction that he should proceed further to effect partition in this case in accordance with the mode of partition approved vide order dated 7.1.1986, and affirmed vide his order dated 4.9.1986.