CHATAR SINGH Vs. MEHAR SINGH

JUDGEMENT

(1.) This revision petition under section 17 of H.P. Land Revenue Act. 1953 preferred by Shri Chattar Singh petitioner is against the order dated 18.6.1998 passed by the Commissioner. Shimla Division in revenue appeal No. 171/97 whereby the appeal filed by Shri Mehar Singh and Lal Singh (present respondent No.1 and 2) was accepted and the orders dated 16.5.1997 passed by the Collector Sub -Division Paonta Sahib were set -aside and the orders passed by the Assistant Collector. 1st grade. Paonta were maintained.

(2.) The facts of the case in brief are that on Shri Sobha Ram the present respondent No. 3 made an application dated 15.7.1994 to the Assistant Collector 1st Grade Paonta Sahib for partition of his share in land comprised in Khata/Khataoni No. 97/146 and 97/147 kita 7 measuring 19 -10 Bighas situated in Village Bhup -pur. Tehsil Paonta Sahib held jointly by both the parties. The Assistant Collector 1st Grade after commencing the partition proceedings approved the mode of partition on 25.8.1994 and got the partition carried out as per mode of partition and finally sanctioned the instrument of partition vide order dated 3.2.1995.

(3.) Against this order Shri Chattar Singh the present petitioner filed an appeal before the Collector. Sub -Division Paonta Sahib on the grounds that he had not been allotted the equal share of land in each category of land. He contended that land abutting roadside on the main Badripur -Nahan Road was not equally partitioned and he was allotted less land on this road.