GULZAR SINGH Vs. KASHMIR SINGH

JUDGEMENT

(1.) THE present case has been reported by Shri R.P.S. Pawar, IAS Commissioner, Jalandhar Division, Jalandhar, under Section 16 of the Punjab Land Revenue Act, 1887, with his opinion that the present revision petition against the order dated 10.4.1991, passed by the S.D.O. (Civil)-cum- Collector, Gurdaspur be accepted and the order dated 20.4.1990 passed by the A.C.I. as well as the order dated 10.4.1991, passed by the Collector, Gurdaspur be set aside and the case be remanded to the Collector, Gurdaspur for passing the order on merit, after listening the parties, as per his reference dated 29.9.1994.

(2.) IN brief, the facts of this case are, that, Gulzar Singh made an application dated 8.9.1989, under Section 111 of the Punjab Land Revenue Act, 1887 to the Tehsildar-cum-A.C.I., Gurdaspur for the separation of his share from out of the joint-land measuring 484 Kanals-15 Marlas, comprised in Khewats stated in the application, as per the Jamabandi for the year 1985-86. The land is situate at village Talwandi Bathungarh, Tehsil and District Gurdaspur. In the application, it was stated, that, the applicant and the respondents are in their respective possession to the extent of their shares in the land, as per the oral partition that took place between the parties; in the revenue record the land is still joint and the applicant has not been provided separate 'rastas' and 'Khals' to his land, and the share of the applicant be separated from the respondents by providing separate 'Kurrah' and 'rastas' etc., to the applicant. The A.C.I. initiated the necessary action on this application, and during the course of proceedings, the ld. counsel for both the parties appeared before A.C.I. Gurdaspur on 9.11.1989, and jointly requested that the application made by Gulzar Singh under Section 111 of the Act ibid, be treated as an application under Section 123 of the Act ibid, for affirmation of the private partition already effected, inter se the parties; and in support of this, a copy of agreement regarding private partition dated 25.11.1987, was submitted to the A.C.I. On the joint request and concurrence of both the sides, A.C.I. permitted the application dated 8.9.1989, to be treated as an application under Section 123 of the Act ibid. Thereafter, the A.C.I. directed the circle Kanungo to prepare the partition papers, in terms of the contents of the agreement dated 25.11.1987, in which it was also stipulated, that if any signatory to this agreement backs out, he shall be liable to pay damages of Rupees five lacs for this, and every member shall abide any the terms of this agreement and will not challenge in any court. This agreement, copy of which is on the record, has been signed by all the co-sharers in the joint-khata. The circle Kanungo prepared "naqsa Bay/Zeem" in terms of the agreement of the private partition dated 25.11.1987 and showed the same to the co-sharers for inviting their objection, if any. On 19.3.1990 both Gulzar Singh as well the counsel for respondent Kashmira Singh raised an objection that proper passage had not been provided to their 'Kurrah' which, as per the agreement, was to be provided from out of Khasra No. R-23/12-2, 13, 14/2, 19 and 20. This objection was sustained by the A.C.I. who directed the revenue staff, that the papers be prepared afresh, by providing this passage, and the partition papers be re- submitted on 28.3.1990. Thereafter, the amended 'naqsa' was shown and explained to the parties and after their nod, the partition was affirmed, as per the order of the A.C.I. dated 20.4.1990 and the direction was given to the parties, to submit a stamped paper for preparing the instrument for partition.

(3.) THE learned counsel for both the parties have been heard. After careful consideration of facts and circumstances of the case and after thorough persual of the record, I am of the view that the present revision petition has no merit and the same deserves to be rejected.