BHAGWAN DASS THROUGH LRS Vs. HARI SINGH

JUDGEMENT

(1.) This revision petition has come up for hearing on the recommendations of the learned Divisional Commissioner Kangra 28.10.1988 whereby he has recommended that the final partition announced by the Assistant Collector 1st Grade on 23.8.1987 may be changed to the effect that khasra No. 1023 should be kept joint and all the petitioners may be allotted separate khatas.

(2.) Facts of the case briefly stated are that one Smt. Prabhi wd/o Sh. Mussadi s/o Nihala resident of Trindi Mauza Nagraoa Tehsil Kangra applied to the Assistant Collector 1st Grade Kangra for partition of land pertaining to khata No. 31 khatoni No. 65 to 73, kita 95 measuring 2 -6 -30 Hects jointly held by the parties situated in Mohal Trindi Tehsil Kangra. The learned Assistant Collector 1st Grade commenced the proceedings and vide order dated 23.6.1983 sanctioned the mode of partition. The plea of question of title was raised but was rejected.

(3.) This order was challenged by the present petitioners S/Sh. Bhagwan Dass and Others before the Sub -Divisional Collector Kangra on the grounds that there was a question of title involved in this case as such without deciding the same, by the competent court, the partition proceedings could not proceed before Assistant Collector 1st Grade. After hearing both the parties and going through the record, the Learned Collector dismissed the appeal vide order dated 29.5.1994 with the directions to proceed further with the partition. In compliance of this order of the Collector dated 29.5.1984, the learned Assistant Collector 1st Grade continued the partition proceedings and finally vide order dated 21.8.1987 approved the partition and subsequently vide order dated 26.9.1987 also sanctioned the instrument of partition.