RAM CHANDER Vs. PHUSA RAM

JUDGEMENT

(1.) THIS revision petition has been filed against orders of the Commissioner, Hisar Division dated 19.3.1997. Vide the above orders the Commissioner disallowed the partition of land in village Khabra Kalan, as prayed by the revision petitioner, on the ground that parties to the case hold land jointly in four other villages and if partition of land is allowed in Khabra Kalan village only, the present respondents would be losers. Earlier, the Collector vide orders dated 30.10.1996 and 5.2.1996 had allowed the A.C.- II to proceed further with the partition of lands in Khabra Kalan village.

(2.) I have heard the counsel for the two parties and have also perused the record. The respondents are resisting the partition of land in Khabra Kalan village on the ground that since the two parties are holding land jointly in the four other villages, partition of land in one village only would not be in order. Since the single point on the basis of which the matter is to be decided, is the point relating to partial partition, I find it unnecessary to go into other details and take up this point alone.

(3.) KEEPING in view the above discussion I find that the Commissioner, while making his orders dated 19.3.1997, has fallen into error in disallowing the partition of land between the parties in one village, to the exclusion of lands held by them jointly in other villages, on the ground of the partition being a partial partition. I, therefore, set aside orders of the Commissioner under revision dated 19.3.1997. To be communicated. Appeal allowed.