RAM RAKESH PAL Vs. RAKSHA DEVI

JUDGEMENT

(1.) This revision petition preferred by petitioner Ram Rakesh Pal S/O Chuni Lal is directed against the order dated 11.6.1997 passed by the Commissioner, Kangra Division in revision No. 267 of 1995.

(2.) Briefly noted, the facts are that petitioner Ram Rakesh Pal, son of Chuni Lal owned & possessed land measuring 0 -07 -23 hects in Mohal Haripur of Tehsil Dehra in Kangra Distt. The respondents namely Smt. Raksha Devi and three others are daughter and Smt. Rupi is widow of the said Chuni Lal.

(3.) The respondents Raksha Devi & others filed an application before the Assistant Collector Dehra requesting therein that their share in land bearing Kh. No. 93,93,95 measuring 0 -07 -23 situated village , Haripur, Tehsil Dehra be partitioned. The petitioner Ram Rakesh Pal t objected the partition on the plea that question of title was involved in the matter which needed be settled before the partition was carried out. The question of title was sought to be raised on the ground that said Chuni Lal was as tenant on the impugned land and respondents are not entitled to inherit the tenancy in accordance with Section 45 of I HP. Tenancy and Land Reforms Act. The Assistant Collector brushed aside the plea vide order dated 04.08.1993 and proceeded to formulate the mode of partition. The Petitioner assailed this order before the Sub -Divisional Collector, in appeal, who dismissed the same vide his order dated 23 -8 -1995. A revision pelilion filed against this order before the Commissioner Kangra Division was also dismissed by him on 11.6.1997, and this order now has been challenged by the petitioner before us in the present revision petition.