PARKASH ALIAS OM PARKASH Vs. GIANI RAM

JUDGEMENT

(1.) THE brief facts giving rise to this revision petition are that the orders of the Assistant Collector, Ist Grade, Tosham in partition case challenged in the appeal before the Collector, Sub Division, Tosham, whereupon the Collector, vide his order dated 8.9.1993 remanded the case to the Assistant Collector, Ist Grade, Tosham. The said order dated 8.9.1993 was challenged before the Commissioner, Hissar Division in second appeal, whereupon the Commissioner, Hissar Division, vide his order dated 19.1.1995, directed the Assistant Collector, Ist Grade, Tosham to prepare the 'Sanad Takshim' accordingly. Aggrieved by the said orders of the Commissioner and Collector this revision petition has been preferred.

(2.) OPENING his arguments the learned counsel for the petitioners argued that the petitioners No. 1 and 2 had no holding in joint Khewat No. 179, therefore, they were not liable to get any land in that Khewat on partition. He further argued that giving of tibba land in Khewat No. 179 to the petitioner No. 2 is totally erroneous. He continued to argue that the entire Tak of land given to petitioners No. 3 and 4 and respondent No. 8 on partition is Tibba land; that the Commissioner passed to be impugned order at the back of the petitioners No. 1 and 2. Concluding his arguments he prayed for acceptance of this revision petition.

(3.) I have heard both the learned counsel at length and gone through the record. Proviso (ii) to clause (c) of Section 13 of the Punjab Land Revenue Act, 1887 reads as follows -