BALWANT SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Shrimati Gujri widow of Maya of Allachaur and the respondents 2 to 15 jointly owned 125 Kanals and 8 Marlas of land in that village. On the death of Shrimati Gujri, her rights in the land devolved on her 4 daughters named Shrimati Partapi, Shrimati Channo alias Jiwani, Shrimati Ishri and Shrimati Atti. Shrimati Ishri died and has been succeeded by her son Balwant Singh. Balwant Singh and the other three ladies are the petitioners who have filed this writ petition.

(2.) On the 22nd of December, 1959, 4 daughters of Shrimati Gujri filed an application before the Revenue Officer for the partition of their joint land mentioned above. Respondents 2 to 15 denied the title of the petitioners with the result that the parties were referred to a civil Court for decision of the question of title. The daughters of Shrimati Gujri then filed a civil suit for declaration that they were the joint owners of the land in dispute and on the 24th of August, 1961, the Sub Judge 1st Class, Nawanshahr passed a decree in their favour granting the declaration sought for. This decree was confirmed on an appeal by the District Judge, Jullundur, on the 15th of January, 1962.

(3.) After the decree of the civil Court the partition proceedings before the Revenue Officer were resumed and he settled the mode of partition, before the 15th of June, 1962 (exact date has not been mentioned in the petition). By order dated the 22nd November, 1962, the Assistant Collector confirmed the said partition and directed that the case be put up before him on the 26th December, 1962, for the grant of necessary Sanad. Respondents 2 to 15 filed an appeal against the order of the Assistant Collector, dated the 22nd of November, 1962, before the Collector, Nawanshahr, who accepted the appeal and remanded the case to the Assistant Collector for freah decision on the 21st February, 1963, keeping in view the consolidation law on which an objection had been raised. After remand the Assistant Collector again passed an order on the 6th of May, 1963, upholding the partition confirmed by him by his order dated the 22nd of November, 1962. Respondents 2 to 15 filed an appeal against that order which was dismissed by the Collector on the 18th of September, 1963.