CHET RAM Vs. DARSHNOO DEVI

JUDGEMENT

(1.) This revision petition has come up for hearing on the recommendations of the Commissioner Shimla Division dated 25.5.1998 whereby the learned Commissioner has recommended that the case be remanded to the Assistant Collector 1st Grade Shimla (Rural) for affording an opportunity to the present petitioner to raise his objections against the partition.

(2.) The facts of the case briefly stated are that Smt. Darshnoo Devi the present respondent No. 1 presented an application to the Assistant Collector 1st Grade Shimla (Rural) for partition of joint property comprised in Khata No. 19 Khatoni No. 44. 45 and 46 kita 69 measuring 117 bighas and another khata No. 21 Khatoni No. 48. Khasra No. 978 measuring 1 -1 Bigha situated in Mauza Parhech. Tehsil and Distt. Shimla as per her share as recorded in the revenue record.

(3.) The Assistant Collector 1st Grade. Shimla (Rural) after hearing both the parties sanctioned mode of partition vide order dated 16.12.1996.