MAHINDER SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) . CM Nos. 13454-55 of 2009 Reply filed on behalf of respondents Nos. 5 to 7 to the Civil Misc. application in Court today is taken on record. Reply on behalf of respondents Nos. 8 to 14 has already been filed. Learned counsel appearing for the parties have stated that they are ready for arguments and the main case be heard accordingly. Therefore, C.M. Nos. 13454- 55 of 2009 praying for stay are dismissed as not pressed. CWP No. 490 of 2009

(2.) RESPONDENTS Nos. 5 to 7 filed an application seeking partition of joint land measuring 274 bighas 15 biswas situated in the revenue estate of village Sekhpur Kalan, Tehsil Dera Bassi, District SAS Nagar (Mohali) as per the Jamabandi for the year 1988-89. The petitioners are co-sharers to the extent of 1/2 share in the said land and respondents Nos. 5 to 7 are co-sharers to the extent of 1/4th share. The other private respondents are co-sharers to the extent of remaining 1/4th share. In the course of partition proceedings, the mode of partition was prepared vide order dated 17.8.2001. The same is as follows :-

(3.) IN response, learned counsel appearing for the private respondents have submitted that vendors of the joint khata had sold only their shares in the joint holding and even if specific khasra numbers are sold, the same be treated as sale of the share out of the joint khata numbers.