SHABEG SINGH Vs. DAYAL SINGH

JUDGEMENT

(1.) . The present is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 17.7.1985, passed by the Commissioner, Jalandhar Division, Jalandhar, against the order dated 11.10.1984, passed by the S.D.O. (Civil)-cum-Collector, Tarn Taran, as per which he upheld the order passed by the Collector, vide which the Collector had confirmed the order dated 31.7.1984, passed by the A.C. 1st Grade, Tarn Taran.

(2.) IN brief, the facts of this case are that Shabeg Singh etc. had made an application on 3.10.1983, for the separation of an area measuring 6K-9M from out of the joint-land measuring 19K-8M - details of Khasra numbers given in the application - as per the Jamabandi for the year 1979-80. The land is situate at village Chhape, Tehsil Tarn Taran, District Amritsar. The applicants had purchased this land from Jagir Singh son of Kishan Singh, mutation for which stands sanctioned as per the Jamabandi for the year 1979- 80. Simultaneously, Dyal Singh, respondent No. 1 had filed an application for partition on 30.1.1984, for seeking partition of his 1/3rd share in the joint-holding measuring 126 K-02M, as entered in the Jamabandi of 1979-80 of village Chhape, Tehsil Tarn Taran. The A.C. 1st Grade, as per his order dated 14.5.1984, passed in the file relating to partition of land measuring 126K-02M had ordered the clubbing of these two applications for partition. Thereafter, mode of partition for partitioning the land mentioned in both the applications, was decided by the A.C. 1st Grade, Tarn Taran on 31.7.1984. Against this order, Shabeg Singh etc. filed an appeal under Section 118(2) of the Act ibid, before the Collector, Tarn Taran, mainly on the ground that these two applications could not be clubbed for partition purposes. This appeal was considered and rejected by the Collector, as per order dated 11.10.1984, with the observation, that as per para 19.11 of the Punjab Land Records Manual, both the applications have rightly been clubbed together. Against this order of the Collector, Shabeg Singh etc. filed a revision petition before the Commissioner, Jalandhar Division, Jalandhar, which was dismissed as per his order dated 17.7.1985 with the observation,''it is established that the parties in dispute are joint owners of land in both the Khewats and the mode of partition has protected the interest of each-co-sharer by giving weight to the possession and partitioning of land according to classification. It will be necessary for A.C. Ist Grade to ensure that partition papers are fairly prepared in terms of mode of partition and inferior land is not unnecessarily thrust upon any co-sharer nor the possession is unnecessarily disturbed.'' Aggrieved by this order, Shebeg Singh etc. have filed the present revision petition dated 7.10.1985, on the grounds stated in the petition.

(3.) FURTHER , under Section 118(2) of the Act ibid, a special provision has been provided for preferring an appeal against the order passed by the Revenue Officer under Section 118(1), which can be filed within a period of 15 days from the date of the order; and Section 118(1) of the Act ibid provides that ''when there is a question as to the property to be divided, or the mode of making a partition, the Revenue Officer shall, after such inquiry as he deems necessary, record an order stating his decision on the question and his reasons for the decision.''