LAWS(P&H)-1997-10-61

SOHAN SINGH Vs. PUNJAB KAUR

Decided On October 15, 1997
SOHAN SINGH Appellant
V/S
Punjab Kaur Respondents

JUDGEMENT

(1.) THE present revision petition dated 2.4.1992, has been filed under Section 16 of the Punjab Land Revenue Act, 1887, for, "seeking the exercise of the powers of superintendence vested in the Financial Commissioner in order that the proceedings as have taken place in the above mentioned matter be quashed for non-compliance with law and precedent. The proceedings until now have been an abuse of the process of law. This petition is being filed in order that suitable directions be given and the matter proceed in accordance with law. Such a course, it is submitted, will save the time and energy of all concerned and will be eminently in the interest of justice........".

(2.) THE saga of this case began with an application dated 31.7.1967, which was submitted by Punjab Kaur etc. the six daughters of Prem Singh s/o Gurdeep Singh, resident of village Dhimanwali Tehsil Faridkot, to the Tehsildar-cum- A.C. Ist Grade, Faridkot, for the separation of their 1/3 share, from out of the joint-land, measuring 120 kanals 6 marlas, situate at village Dhimanwali, after the Sub Judge Ist Class, Faridkot, vide his judgment dated 7.11.1963, passed in case No. 137 of 10.6.1963, had declared them as joint-owners to the extent of 1/3 share, equivalent to 40 kanals 2 marlas, in the joint-land. Before the A.C. Ist Grade, Faridkot the respondents had raised an objection that a question of title was involved in this case and an appeal was pending before the Hon'ble Punjab and Haryana High Court, against the judgments, passed by the lower Civil Courts. A prayer was made that till the appeal was decided by the Hon'ble Punjab and Haryana High Court, the partition proceedings be adjourned sine die. The request made by the respondents in the application was accepted and the A.C. Ist Grade vide his order dated 23.2.1968, had consigned the partition application to the record. After the appeal filed by the respondents was dismissed by the Hon'ble Punjab and Haryana High Court vide its order dated 15.1.1973, as per which, the orders passed by the lower Civil Courts dated 7.11.1963 and 8.1.1965 were upheld, Smt. Punjab Kaur etc. had moved an application on 16.7.1977, to the Tehsildar-cum-A.C. Ist Grade, Faridkot, for resumption of the partition proceedings which were earlier adjourned sine die by consigning the file to the record.

(3.) THE learned counsel for the petitioners; the learned counsel for respondent Nos. 1, 2, 3(1-ii), 5(iv), 6 and 7, have been heard. After careful consideration of the facts and circumstances of the case, I am of the view, that, the present revision petition has absolutely no merit, and, the same deserves to be rejected. At the outset, it may be observed, that, this is an interesting case in which the petitioners-Sohan Singh etc. have dragged the other co-sharers in the land, by indulging in frivolous and vexatious litigation, for more than 30 years (thirty years) by now. The litigation indulged in by the petitioners is highly motivated; because, the respondents, the six sisters own 1/3 share in the joint-land with the petitioners, as established by the Civil Court judgments, but, the entire land has been in the physical possession of the petitioners all these years, who have been enjoying usufruct of this land, unjustifiably. With a clear motive in mind, the petitioners have been challenging almost every order passed in this case. Apparently with the intention to protract and prolong the partition proceedings, as long as possible.