SUKHPAL SINGH Vs. DALJIT SINGH

JUDGEMENT

(1.) THE present is a revision petition under section 16 of the Punjab Land Revenue Act, 1887, against the order dated 25.11.97, passed by the A.C. 1st Grade, Muktsar, as well as against the appeal dated 11.12.97, filed by Gurdip Kaur etc., now pending decision before the Collector, Sub-Division, Muktsar, made with a prayer, that the Collector, Sub-Division, Muktsar be ordered to accept the pending appeal and to remand the case to the A.C. 1st Grade, Muktsar, with a direction that he should call for a partition application with regard to whole of the land "as agreed to", before the Financial Commissioner (Appeals), Punjab, Chandigarh, as per his order dated 29.3.95, passed in R.O.R. No. 217-19 of 1994-95.

(2.) BEFORE reproducing the facts of the present case, it is necessary to refer to the previous background of this case. It is like this; the respondent No. 1 to 5 in the present case viz Daljit Singh etc. had filed separate partition applications before the A.C. 1st Grade, Muktsar, for the partition of joint- land measuring 1,116 kanals 12 marlas, situate at village Gandhar, Tehsil Muktsar, District Faridkot; and the A.C. 1st Grade, vide his order dated 16.5.86, had accepted these partition applications by rejecting the objections raised by the opposite party, regarding the question of title. The appeals, as well as the revision petitions, filed against the order of the A.C. 1st Grade, were rejected. Thereafter, these orders were challenged before the F.C. (Appeals), Punjab; who vide his order dated 29.3.95, had found these revision petitions of "little effect". However, it was observed in the aforesaid order, that, "At the conclusion of arguments, counsel for both the parties were in agreement that they would approach the A.C. 1st Grade for initiating fresh partition proceedings in respect of whole of the land". In the instant case, respondents No. 1 to 5, Daljit Singh etc., had made an application dated 3.6.1997, before the Tehsildar-cum-A.C. 1st Grade, Muktsar, for the separation of their shares, from out of the joint-land with the respondents Jatinder Pal Singh etc., measuring 219 Kanals 13 Marlas, bearing Khewat No. 17, situate at village Gandhar, Tehsil Muktsar, as per the Jamabandi for the year 1979-80. As the respondents in the application had failed to substantiate their plea, that, certain Khewats were left out from partition, despite the last opportunity given to them, the A.C. 1st Grade, Muktsar, vide his order dated 25.11.1997, had overruled the objection and had ordered to call for 'Naksha Alaf'. Against this order, Gurdip Kaur etc. had filed an appeal before the Collector Sub-Division, Muktsar, which is pending decision before him. The present revision petition is directed against this.

(3.) AT the outset, it may be observed that the partition application dated 3.6.1997, seeking partition of joint-land, measuring 219 Kanals 13 Marlas, comprised in Khewat No. 17, appears to be in order. Nothing has been brought on the record to show that the present application is for partial partition. Basically, partition of joint-land through the intervention of the Revenue Officers, is required to be done Khewat-wise, on receipt of the application for partition. In one application for partition, more than one Khewats can be combined for partition only, where the co-sharers are common; and not otherwise. Although, before the Ld. F.C. (Appeals), while arguing the case before him, the parties had agreed to seek partition of the whole land, but it is not the legal requirement. It is the sweet will of the co-sharers, whether to seek partition of the joint-land comprised in one Khewat only, or for more than one Khewats. The co-sharers cannot be forced to seek partition of all the khewats, where the land may be owned jointly. A perusal of the order passed by the F.C. (Appeals), clearly shows that he had not given any directions, that, the co-sharers should seek partition of entire land comprised in different Khewats. It was the parties own expression, through their counsels, that, they would apply to seek partition for the whole of the land. Despite that, 5 applications have been moved for the partition of joint-land comprised in Khewat No. 17(219 Kanals 13 Marlas), Khewat No. 21(53 Kanals 17 Marlas), Khewat No. 31(1,108 Kanals 2 Marlas), Khewat No. 26(442 Kanals 14 Marlas), Khewat No. 19(1,116 Kanals 12 Marlas); which probably covers the whole of the joint land; although, this is not a legal necessity.