JAI BHAGWAN Vs. HAZARI LAL

JUDGEMENT

(1.) The facts of the case briefly are, that the land in dispute was partitioned in 1990 on the basis of the family settlement. A mutation No. 6029 was entered on 16.5.1990 on that basis and the same was attested by the AC-II on 28.7.90. Later one of the parties namely Jai Bhagwan etc. (the present revision petitioners), represented against this mutation to the Tehsildar on 19.3.91 and wanted a review. The mutation was finally decided as a contested mutation by the AC-II on 10.11.93. The AC-II also made some amendments in the earlier shares.

(2.) An appeal against the above orders dated 10.11.93 was accepted by the Collector and the mutation No. 6029 was cancelled with the direction that if any of the two parties wants partition of the land, the same can be taken up as per Court procedure. A further appeal against Collector's orders dated 22.8.94 was accepted by the Commissioner Rohtak Division and he restored the orders of the AC-II dated 10.11.93. The present revision petition has been filed against the orders of the Commissioner dated 9.3.95.

(3.) The main point on the basis of which the Collector cancelled the mutation was that though the partition mutation was effected on the basis of a family settlement the agreement does not exist any more and therefore in order to avoid future dispute, the partition if applied for, can be effected through the Court process. The Commissioner on the other hand held the view that the two parties entered into the mutual partition on the basis of duly attested affidavits, admitting therein even the change of possession in accordance with the mutual partition, and at a later stage the parties cannot be allowed to wriggle out of it, the Commissioner therefore, restored the orders of the AC dated 10.11.93.