DEVI RAM ALIAS DHURU Vs. TARA

JUDGEMENT

(1.) These are five - review -petitions filed under Section, 16 ,of the H, P. Land Revenue Act, 1953 against the orders of my learned predecessor dated 7 -1 -1981 whereby the revision petitions filed by the present petitioners were rejected. Since the parties and the points involved in all these petitions are common, they are being decided through this single order.

(2.) The brief facts of these cases are that the respondent applied for partition of the land involved in all these petitions, which is jointly owned by the parties. The Assistant Collector T Grade Mandi sanctioned the mode of partition on 6 -5 -1972. The petitioners appealed against these orders before the Collector, Mandi on the ground that a question, of title was involved in all these cases. The - learned Collector held -that since the respondent was entered as co -sharer with the petitioners in the venue record no, question of title was involved and. dismissed the appeals. The petitioners fifed, revision petitions before, the learned, Commissioner against these orders of the learned Collector, who agreed with the decision of the learned Collector and1 dismissed the revision petitions. The, Revision, petitions filed in this court against the orders of learned Commissioner were also rejected, by my learned predecessor vide his orders dated 7 -1 -1981 holding that no -question of title was involved.

(3.) These review petitions have been filed against this order of my learned predecessor on the same ground that a question of title is involved in the partition proceedings. It has also been alleged that the respondent has not got; any possession on the land and even if she is admitted as a co -sharer, the question of title is involved in these case.