AMRITSARIA RAM Vs. LAJPAT RAI

JUDGEMENT

(1.) THIS is a revision petition under Section 16 of the Punjab Land Revenue Act. 1887 against the order of the Commissioner dated 5.2.1988 vide which he has confirmed the order of the Collector and Assistant Collector dated 18.9.1984 and 26.4.1983, respectively, in partition proceedings. Arguments in this case were heard on 19.9.1997, 30.9.1997, 22.10.1997 and 11.11.1997 and case was reserved for today for orders.

(2.) THE land in dispute measures 15K 2M and is situated in village Agwar Gujjaran, Tehsil Jagraon, District Ludhiana. As per record the land was originally owned by two brothers, Madan Lal and Amar Nath sons of Mansa Ram. Madan Lal sold his half share to the appellant Amritsaria Ram and others on 2.4.1959, and Amar Nath sold the other half to Lala Lajpat Rai Memorial College. Jagraon on 24.12.1959. As per these deeds the share of Amritsaria Ram and others was on the western side in this plot while that of the College was on the eastern side. An application for partition was filed by the College on 16.9.1971 and after initial litigation between the parties the mode of partition was finalised on 27.9.1973. The salient features of the mode of partition were as under :-

(3.) THE land in dispute in contiguous to the playgrounds of the College along its north-eastern boundary and to a mohalla along the south-eastern edge. As per Naqsha 'Bey' the western portion which has been allotted to the petitioners and his co-sharers can have access only through the College playgrounds in which they are not co-sharers. In case the College authorities refuse this passage, which is most likely, this plot would be rendered inaccessible. It has been argued before me by the learned counsel for the respondent College that there is no option except to provide the western side to Amritsaria Ram etc. as this is the side purchased by them and the western side can have no access as pointed out by the lower revenue authorities.