BALDEV SINGH Vs. COMMISSIONER, JALANDHAR DIVISION

JUDGEMENT

(1.) THIS revision petition is under Section 16 of the Punjab Land Revenue Act against the order dated 16.6.2005 of Commissioner, Jalandhar Division, Jalandhar, order dated 1.8.2003 of S.D.M.-cum-Collector, Ajnala as well as order dated 21.1.2003 of Tehsildar-cum-A.C.I, Ajnala.

(2.) THE brief facts of the case are that respondent Nos. 4 and 5 Sukhwinder Singh and Kuljinder Singh filed an application for the partition of land measuring 69 kanals and 11 marlas situated in the revenue estate of village Jagdev Kalan, Tehsil Ajnala, District Amritsar. The petitioner Baldev Singh and others raised preliminary objection that question of title is involved in the land in dispute as there had been private partition between the parties. The A.C.-I rejected the objection raised by the present petitioner and called for Naksha 'Urra' from the field staff vide his order dated 21.1.2003. Aggrieved by this order the petitioners filed an appeal before the S.D.M.-cum-Collector, Ajnala which was dismissed on 1.8.2003. The revision petition filed by the petitioner was also dismissed by the Commissioner on 16.5.2005. Hence the present revision petition.

(3.) ON the other hand it is averred in the written arguments filed by the counsel for the respondent Nos. 4-9 that there is no illegality or perversity in the concurrent findings of the lower Courts. It is averred that despite numerous opportunities provided to the petitioners by the A.C.I, they have failed to produce any evidence regarding family partition and the land as per jamabandi is joint khata of the parties. It is also averred no question of title is involved between the parities and Tehsildar has rightly rejected the objections of the petitioner and called for Naksha 'Urra' from the field staff. The counsel has referred to 1993(1) RRR 27 Prithipal Singh v. Kuldeep Singh wherein it is held as under :