KRISHAN KUMAR Vs. HARI RAM

JUDGEMENT

(1.) The present case has been reported by the Commissioner, Patiala Division, Patiala under Section 16 of the Punjab Land Revenue Act, 1887 against the order dated 25.4.1994, passed by the Sub-Divisional Collector, Barnala, District Sangrur, in a case of partition of agricultural land, with his recommendation, that the 'compromise deed' dated 4.3.1997 regarding private partition of land between the parties, be accepted and the case be remanded to the Assistant Collector, 1st Grade, Barnala, with a direction, that, the land be partitioned in accordance with the 'compromise deed' and the same be incorporated in the land revenue record, as per his reference dated 2.6.1997.

(2.) THE brief facts of this case are, that, Hari Ram son of Kaka had made an application to the Tehsildar-cum-Assistant Collector, 1st Grade, on 22.2.1988 for the separation of his share from out of the joint-land measuring 38 kanals 14 marlas, comprised in Khewat No. 1205, 1206, 1207 Khatoni No. 1633, 1634, 1635 Khasra No. 227//9/7-8, 10/4-2, 11/1/4-16, 12/1/1-14, 26/0-12, 27/0-6, 328//12/2-0, 188/16/3/1-0, 7/2/2-9, 15/1/1-5, 14/1/3-2, 328//13/2-0, 10/8-0, situate in the revenue estate of Barnala as well as, the land measuring 27 kanals 2 marlas, comprised in Khewat No. 264 Khatoni No. 494, 495, 912 Khasra No. 170//8/1/0-4, 8/3/4-4 9/2/ 4-12, 2/3/0-4, 3/2/1-11, 2/2/1-16, 110//3/3/1- 11, 8/2/3-12, 9/1/3-8, 170//2/1/6-0, situate at village Khudi Kalan, as per the Jamabandi for the year 1974-75 of Barnala Estate and the Jamabandi for the year 1977-78 of village Khudi Kalan, Tehsil Barnala. By taking the facts at their face value, it may be observed that, the Assistant Collector, Ist Grade-cum-Tehsildar, Barnala, after following the prescribed procedure had prepared the 'Instrument of Partition' as required under Section 121 of the Punjab Land Revenue Act, 1887, vide his order dated 10.7.1992; and the clerical errors in the said 'Instrument of Partition' were corrected vide order dated 20.10.1993. Against the 'Instrument of Partition' Krishan Kumar son of Major Ram had made a misc. application dated 20.4.1993 before the Assistant Collector, Ist Grade-cum-Tehsildar, Barnala, with the request that the said 'Instrument of Partition' having been prepared ex-parte, the same be set aside and the partition proceedings be initiated afresh de novo. This application was rejected by the Assistant Collector, Ist Grade, Barnala, vide his order dated 12.10.1993. Against this order, Krishan Kumar had filed an appeal before the Sub-Divisional Collector, Barnala, which was also rejected vide Collector's order dated 25.4.1994. Aggrieved by this order, Krishan Kumar, had filed a revision petition before the Commissioner, Patiala Division, Patiala, as a result of which, the present case has been reported vide reference dated 2.6.1997.