GURBACHAN SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) THE present case has been reported by the Additional Commissioner (Appeals), Ferozepur Division, Ferozepur, under section 16 of the Punjab Land Revenue Act, 1887, against the order dated 28.7.1995, passed by the Collector Sub-Division, Malout, in a case of partition of joint- agricultural-land, with his recommendation, that, the present revision petition be accepted; the order dated 28.7.1995, passed by the Collector, Malout, as well as, the order dated 7.3.1995, passed by the Tehsildar-cum-A.C. Ist Grade, Malout, be set aside, and the case be remanded to the Tehsildar-cum-A.C. Ist Grade, Malout, with a direction that, the share of the petitioners be separated from out of the joint-land with the respondents, as per his reference dated 8.10.1997.

(2.) THE brief facts of this case are, that, Gurbachan Singh etc., have moved an application on 17.5.1994, before the Tehsildar-cum-A.C.Ist Grade, Malout, for the separation of their shares, from out of the joint-land, measuring 263 Kanals and 14 Marlas, comprised in Khewat No. 33, 43, 44 and 49, situate at village Khunan Kalan, Tehsil Muktsar, as per the Jamabandi for the year 1987- 88. On this application, the respondents No. 1-5, Avtar Singh etc., had raised an objection, that a civil dispute inter se the respondents 1-5 (Gurcharan Singh etc. v. Avtar Singh etc.) was pending in the court of the Additional Senior Sub Judge, Muktsar, as such, a 'question of title', was involved in the land to be partitioned. Besides, the appellants-Gurbachan Singh etc., had sought partition of their shares in all the four (4) Khewats by making only one application, which was not permissible under the law, because the co-sharers in all the four Khewats were not common. On the basis of these objections, the respondents had prayed that, the application for partition be refused. The A.C. Ist Grade, Malout, while agreeing with the objections on behalf of the respondents, had rejected this application for partition vide his order dated 7.3.1995. Aggrieved by this order, Gurbachan Singh etc., had filed an appeal before the Collector, Sub-Division, Malout, on the grounds, that, so far as the 'title' of the appellants in the land to be partitioned is concerned, the same had already been finally decided by the Addl. District Judge, Faridkot vide his judgment and decree dated 27.2.1990, and so far as the pending civil suit captioned as :- Gurcharan Singh etc. v. Avtar Singh etc. was concerned, it was the inter se dispute between the brothers, and as such, there should be no difficulty in partitioning the share of the appellants, from out of the joint-land. A prayer was made to set aside the order passed by the A.C. Ist Grade, Malout. This appeal was rejected by the Sub-Divisional Officer (Civil)-cum-Collector, Malout, vide his order dated 28.7.1995. Against this order, the petitioners-Gurbachan Singh etc., had filed the revision petition before the Additional Commissioner (Appeals), Ferozepur Division, Ferozepur, as a result of which, the present case has been reported by him.

(3.) NOW , in view of the Civil Court Judgment dated 8.8.1995, the titles of the parties in the joint-land are clear enough, and the partition application cannot be declined on the ground, that, the 'question of title' is involved. However, I notice, that, the joint-land is comprised in Khewat No. 33, 43, 44 and 49, and in Khewat No. 33, 43 and 44, the co-sharers are not common. So far as Khewat No. 49 is concerned, I have not been able to lay my hand on the copy of the Jamabandi with regard to this Khewat, and probably, this has not been placed on the record; as such, no comments are offered. As regards the other three khewats, the partition of joint-land comprised in these Khewats has been sought by making one application only, which it not permissible under the law. It is a settled proposition, that basically, partition of the joint-agricultural land through the intervention of the Revenue Officers is required to be done Khewat-wise, for which, an application for partition is required to be made; however, more than one Khewat can be combined for partition by making one application, where all the co-sharers in such Khewats, irrespective of their shares, are common and not otherwise. As the co-sharers in all the Khewats are not common, so, the partition of these Khewats by making a single application is not permissible. On account of this, the application for partition needs rejection. However, any co-sharer may seek partition of one's share in any Khewat, by making separate application for partition. So, the petitioners, if so advised, may seek partition of their shares from these Khewats, by making separate applications for different Khewats. In view of the above discussion, the present revision petition, is rejected; and the reference dated 8.10.1997, is hereby declined. Announced. Revision petition rejected.