AMAR KAUR AND OTHERS Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioners - Amar Kaur, Bahadur Singh and Devinder Singh being successors-in-interest of Pritam Singh, who was respondent No.1 in the partition application moved by respondent No.5-Naranjan Singh herein, are aggrieved of the impugned orders reflected in the head note, i.e., 22.09.2010 (Annexure P-10); 30.05.2011 (Annexure P-11) and 15.07.2011 (Annexure P-12) passed by the Financial Commissioner; and the Assistant Collector Ist Grade, respectively, whereby, warrant of possession has been issued on the premise, that there has not been adherence to equal mode of partition, much less compliance of principles of natural justice, as the petitioners have been deprived of the valuable land in the partition proceedings.

(2.) Mr. Jatinder Singla, learned counsel appearing on behalf of the petitioners has referred to the naksha arra/site plan (Annexure P-3/A) at page 36 of the paper book to contend that the portion shown in yellow colour, i.e., killa nos.1627, 1632 and 1634 have been given to the private respondents, whereas, killa nos.1629, 1628 , 1630, 1631/1, 1633/1 shown in red colour have been given to the petitioners, whereas, on the extreme right hand side, i.e., eastern side there is a passage, though on the northern side there is main road. The partition should have been done in horizontal instead of vertical.

(3.) The other argument qua maintainability of the partition application had been that in the revenue record, nature and character of the land has been shown as Gairmumkin "Abadi"/Gairmumkin "Ruri" which cannot be partitioned by the Revenue Court, in view of the provisions of Section 158 of the Punjab Land Revenue Act, 1887 (hereinafter referred to as "1887 Act") and remedy, if any, would be of the Civil Court. The aforementioned two points have not been taken into consideration by the authorities below. The reference has also been made to naksha arra, Annexure P-3/A, where portion fallen to the share of the respondents in the application for partition filed before the Assistant Collector has been shown as Gairmumkin Abadi.