ASHISH KUMAR Vs. BHOOP SINGH

JUDGEMENT

(1.) THIS is a revision petition under section 16 of the Punjab Land Revenue Act, 1887 against the order dated 6.7.2006 passed by the Commissioner, Rohtak Division.

(2.) THE respondent Nos. 2 to 8 were served by munadi which was got done in the village on 12.10.2007 and were proceeded ex-parte on 19.11.2007.

(3.) COUNSEL for the petitioners re-iterated the grounds of appeal and stated that the partition proceedings in this case had been undertaken on the application dated 19.7.96 moved by the petitioners. The respondents purchased land measuring 7 kanal 18 marla from the joint khawat of co-sharers namely Rajesh and Ved Pal vide sale deed dated 4.5.99. Contentions made by the respondent Bhoop Singh etc. that they have purchased specific killa No. 64/19/2 and 64/20/2 from Rajesh and Ved Pal is not tenable in the eyes of law. The sale of any specific killa No. would be considered the sale of a share in the joint holding, hence the claim of respondent Bhoop Singh over killa No. 64/19/2 and 64/20/2 is bad in law. The counsel for the petitioner submitted the citation of 1981 PLJ page 204 Bhartu v. Ram Saroop. He further contended that the order of Collector, Sonipat dated 16.12.2004 being self contradictory also needs to be set aside. Similarly the un-reasoned order dated 6.7.07 passed by the Commissioner is also liable to be set aside. The petitioner Ashish Kumar and Ran Kumar were put in possession over killa No. 64/19/2 and 64/20/2 and they are still in possession of the same killa numbers and their possession over these killa numbers is admitted by the respondents. The claim of the petitioners over killa Nos. 64/19/2 and 64/20/2 is justified and same have been rightly allotted to them and the respondents Bhoop Singh etc. have got no right to challenge the partition proceedings in any manner because they are not parties to the partition proceedings and if they have any grouse or claim to settle they can only file separate proceedings for partition against their vendors namely Rajesh and Ved Pal.