GURDEEP SINGH Vs. BALKARAN SINGH

JUDGEMENT

(1.) THE present case has been reported by the Commissioner, Ferozepur Division, Ferozepur, under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 22.3.1995, passed by the Collector, Sub- Division, Muktsar, in a case of partition of agricultural land, with his recommendation that, "the revision petition be partially accepted and the case be remanded to the A.C. Ist Grade, Muktsar, with the direction that the petitioner be given land in Khewat No. 319 to the extent of his share and the orders of the two courts below be set aside," as per his reference dated 15.12.1997.

(2.) THE detailed facts of this case are given in the reference dated 15.12.1997 and I do not consider it necessary to recapitulate the same. However, just to mention the gist, with the various vicissitudes on the application dated 5.7.1988, moved by Balkaran Singh etc., before the A.C.Ist Grade, Muktsar, for the separation of their shares, from out of the joint- land, measuring 166 Kanals and 2 Marlas, comprised in Khewat Nos. 45, 318 and 319, situate at village Surewala, Tehsil and District Muktsar, in pursuance of the remand order had ordered the partition vide his order dated 19.10.1993. The appeal filed by the present petitioner-Gurdeep Singh was rejected by the Collector, Sub-Division, Muktsar as per his order dated 22.3.1995. Against this order, the present petitioner-Gurdeep Singh had filed the revision petition before the Commissioner, Ferozepur Division, Ferozepur, as a result of which, the present case has been reported.

(3.) IN view of the above, the present revision petition is accepted; all the impugned orders are quashed; and the partition application dated 5.7.1988, is also rejected, being incompetent. The applicants for partition, namely; Balkaran Singh etc., if they so wish, can seek partition of their shares in the joint-land by making one application for the partition of their shares comprised in Khewat Nos. 45 and 318; and a separate application for the partition of their share from out of the joint-land comprised in Khewat No. 319. Announced. Petition allowed.