SWARAN SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) S .R. Bunger, The present case has been reported by Smt. Daljit Jaijee, IAS, Commissioner, (Appeals), Jalandhar Division, against the order dated 26.3.1985, passed by the Collector, Ajnala, under Section 16 of the Punjab Land Revenue Act, 1887, with her opinion that the impugned order be set aside and the case be remanded to the AC I Grade, Anjala, with the direction to continue with the partition proceedings for final partition, as per her reference dated 24.8.1987.

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

(3.) AS revealed from the record, the petitioner Swaran Singh had made an application for the partition of this land earlier also, which was rejected by the Tehsildar-cum-AC I, Ajnala, as per his order dated 17.3.81, by concluding it to be a case of partial partition; which was set aside by the Collector, Ajnala, as per his order 3.11.1981; against which the respondents Kashmir Singh etc., had filed an appeal, which was partially accepted by the Commissioner (Appeals), Jalandhar Division, Jalandhar, Shri Dinesh Chandra, as per his order dated 6.3.1983, and the order of the Collector, Ajnala dated 3.11.1981 was set aside. The operative part of this order reads as follows:- ''It is accordingly ordered that Sh. Swaran Singh will be competent to file a fresh application for partition in which he shall implead all the necessary parties i.e. his brothers and vendees, the present appellants and shall ask for the partition of joint holding of land held alongwith Gurmukh Singh and vendees, and separately with other four brothers. When the new application is filed, the same shall be heard by A.C. Ist Grade as a valid application for partition, and the fact that the earlier application of Swaran Singh has been rejected will be ignored. With these observations, the appeal is partially accepted, and orders of Collector are set aside.''