REHMDIN Vs. NUR MOHD.

JUDGEMENT

(1.) THE present case has been reported by the Commissioner (Appeals), Patiala Division, Patiala, under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 15.6.1992 passed by the Collector, Sub-Division, Malerkotla, in a case of partition of agricultural land, with his recommendation, that, the case be remanded to the Tehsildar-cum-Assistant Collector, Ist Grade, Malerkotla, "for summoning the previous file of partition pending in his Court earlier, which has been consigned to the record rooms, and "the partition application may be decided in accordance with the observations made in the order of the Collector, Malerkotla, dated 7.6.1974, which had been subsequently upheld by the Commissioner, as well as, by the Financial Commissioner", as per his reference dated 24.12.1996.

(2.) THE facts of this case are, that, Rehmdin and Suleman sons of Jamal, had applied to the Tehsildar-cum-Assistant Collector Ist Grade, Malerkotla, on 8.5.1991, for the separation of their 1/3 share, from out of the joint land, measuring 23 Bighas 19 Biswas, situate at Village Dalelgarh, Tehsil Malerkotla, District Sangrur, as per the jamabandi for the year 1987-88. On the basis of the objections raised by the respondents in this application, the Assistant Collector, Ist Grade, Malerkotla, vide his order dated 22.1.1992, had rejected the application, on the plea, that, this land had already been partitioned. Against this order, Rehmdin etc. had filed an appeal before the Collector, Malerkotla, which was rejected vide Collector's order, dated 15.6.1992. Aggrieved by this order, Rehmdin etc. had filed the revision petition before the Commissioner, Patiala Division, Patiala, as a result of which, the present case has been reported by the Commissioner (Appeals), vide reference dated 24.12.1996.

(3.) AS revealed from the record, Jamal father of the present petitioners- Rehmdin etc. had earlier made an application to Tehsildar-cum-Assistant Collector, Ist Grade, Malerkotla, on 1.10.1972, for the partition of the said land, measuring 23 Bighas and 19 Biswas, as per the jamabandi for the year 1967-68, and, in pursuance of that, 'Naqsha Bay' was prepared by the Assistant Collector, Ist Grade, Malerkotla. On this Naqsha Bay, Sh. Jamal had raised certain objections and the litigation had gone upto the Financial Commissioner, Punjab, and ultimately the revision petition filed by Sh. Jamal, was rejected by the Financial Commissioner Taxation, Punjab, vide his order dated 5.6.1976. However, thereafter, the partition proceedings were not taken to the logical conclusions and no 'Instrument of Partition' was drawn up, after completing the partition proceedings, as required under Section 121 of the Act ibid. Thereafter, both the parties had remained indifferent to these proceedings, which were consigned to the record room by the Assistant Collector, Ist Grade, Malerkotla.