SURINDER SINGH Vs. COMMISSIONER, JALANDHAR DIVISION

JUDGEMENT

(1.) THIS case has been taken up for hearing in compliance with the order dated 7.9.2006 passed by the Hon'ble Punjab & Haryana High Court in CWP No. 14172 of 2006 restoring the ROR No. original number and position which was dismissed in default vide order dated 6.3.2006 and further the application for restoration of the case was dismissed vide order dated 13.7.206 passed by the then Ld. Financial Commissioner (Tourism,) Punjab, Chandigarh.

(2.) THIS case relates to the partition of land (fully detailed in the heading of the partition application filed by the respondent Mohinder Kaur and Ors before the AC 1st grade, Kapurthala, decided on 31.8.1999. The brief facts of the case have already been given by the order dated 13.7.2006 mentioned above and need not to be repeated.

(3.) ON the other hand counsel for the respondent argued on the same lines of submissions made before the Commissioner and the A.C. 1st Grade Kapurthala. He argued that the A.C. 1st Grade has rightly sanctioned the final partition in accordance with the mode to partition. No appeal has been filed by the petitioner against the MOP. He finally argued that the Sanad Takseem has already been issued on 13.11.2003 in the case which may be acted upon. On these grounds, he argued that order of the Commissioner and A.C. 1st are legal and justified which may be upheld and order of the Collector may not be restored as it contains perversity.