JEET SINGH Vs. COMMISSIONER, PATIALA DIVISION

JUDGEMENT

(1.) THIS is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887 against the order of the Commissioner, Patiala Division, Patiala dated 26.2.1992 vide which he has upheld the order of Collector, Rajpura dated 1.10.1991 and Assistant Collector Grade-I, Rajpura dated 24.9.1990. The arguments in this case were heard on 25.9.1997 and the case was adjourned to 7.10.1997 for orders. On that date the order was not ready for announcement and the case was adjourned to 21.10.1997 for announcement of order.

(2.) THE facts of the case are that Jeet Singh s/o Ajmer Singh etc. filed an application on 14.1.1988 for partition of land measuring 25 bighas 10 biswas situated in village Akbarpur, Tehsil Rajpura District Patiala. The grounds given in this application were that there had been no consolidation in the village which could enable individual owners to have separate 'taks'. There was no passage to his land and he had to pass through Khasra No. 295. He had purchased some land from Amar Singh s/o Sharda in 1980. In addition, he had exchanged certain land in the joint holding of Harbans Singh and Jaswant Singh and he was interested in getting a contiguous tak, for which purpose he was seeking partition of the joint holding. He also mentioned that earlier his partition application was dismissed on account of the fact that Gurdev Singh-respondent No. 18 had not been made a party.

(3.) THE mode of partition was framed on 22.5.1990 according to which it was decided that total land under partition would be 25 Bigha 10 Biswas and the partition would be on the basis of the latest jamabandi. It was also decided that in case there had been exchange or sale of any particular khasra No. these would be allotted to the share-holder in whose favour such alienation had taken place. Similarly, in case of mortgage by any co-sharer, the mortgaged land would be allotted to his share. Naqsha 'Bey' was received on 25.6.1990 and objections were filed by various co-sharers. Jeet Singh-petitioner objected stating that possession had not been respected in particular khasra No. 312 was in his possession and he had planted an orchard consisting of guavas, lemons, mangoes and jamun. Eucalyptus trees had also been planted on the northern and eastern boundary of this khasra No. The 'pahi' had been carved in a low-lying area. Jaswant Singh, Harinderpal and Baljinderpal Singh however agreed with naqsha 'Bey' and Jaswant Singh stated that he had purchased the entire share of Gian Singh and Hazura Singh sons of Atma Singh and that their khasras should contiguous to his.