DHARARA SINGH Vs. SUMITRA

JUDGEMENT

(1.) S/Shri Dharam Singh and Sant Lai have preferred this revision petition against the order dated 11 -3 -1988 of Divisional Commissioner, Shimla.

(2.) This case has very long and chequered history. Briefly stated, the facts of the case are that Smt. Lachhmi Devi through her daughter moved an application on 14 -7 -1958 for partition of land jointly owned by the parties before the Assistant Collector, II Grade, Kandaghat. This partition application was contested by the petitioner, Shri Dharam Singh on the ground that there was a family agreement, which gave rise to the question of title. He also staled that Smt. Lachhmi Devi was not in possession of the land, in question. The learned Assistant Collector rejected the objections of Shri Dharam Singh vide his order dated 13 -12 -1959. The present petitioners filed an appeal against the order dated 13 -12 -1959 of the Assistant Collector before the Collector, Shimla District, who vide his order dated 11 -5 -1960 remanded the case holding that the question of title was involved in the case. After the remand oi the case, the Assistant Collector, 1st Grade, started proceedings de novo and vide his order dated 13 -7 -1960 held that the question of title was involved in the case and thus the parties should approach the civil court to get the same decided. The matter again appears to have come before another Assistant Collector, 1st Grade, who decided the case on 28 -2 -1966 and again concurred with the findings dated 13 -7 -1S60 given by the Assistant Collector, 1st Grade, directing Smt. Lachhmi Devi to approach the civil court. An appeal was filed by Smt Lachhmi Devi against this order of the Assistant Collector, 1st Grade before the Sub -Divisional Collector, who dismissed the same on 30 -12 -1967! The matter was thereafter agitated in an appeal before the Divisional Commissioner, Shimla, who accepted the appeal and directed the Assistant Collector, 1st Grade, to finalise the partition case early. The Assistant Collector, 1st Grade, was also directed to decide the question of title, if any, working as a civil court. A revision petition was filed before this Court but the same was dismissed, in default, on 25 -7 -b84.

(3.) Since the revision petition had been dismissed by this Court in default, the Assistant Collector, 1st Grade, started further proceedings in the partiton case. The Assistant Collector, 1st Grade, got the mode ot partition proposed from the Naib Tehsildar on 1 -12 -1984 and directed the Field Kanungo to proceed further with the partition of the land on 27 -7 -1985 This order of the Assistant Collector, 1st Grade, was again challenged in an appeal before the Sub -Divisional Collector, Solan, who remanded the case to the Assistant Collector, 1st Grade on 29 -4 -1986, directing him to serve the present petitioners properly and afford them an opportunity of being heard. The Assistant Collector, 1st Grade, commenced further proceedings in accordance with this order and on 30 -6 -1986 passed final order in this case directing the Field Kanungo to partition the land on the spot in accordance with the mode of partition already prepared. This order of the Assistant Collector, 1st Grade, was again challenged before the Sub -Divisional Collector, Solan, by the present petitioners in an appeal but the same was dismissed on jI -12 -1986. Peeling aggrieved by this order of the Sub -Divisional Collector, the present petitioners tiled a revision petition before the Commissioner, Shimla Division, who dismissed the same vide his order dated 11 -3 -1988. Now the petitioners have come in second revision before us against the orders of tbe Revenue Officers below. The case for partition was started by Smt. Lachhmi Devi about 3o years ago by filing an application but so far partition has not taken place despite the best efforts of Smt. Lachhmi Devi and her successors -in -interest, who are present respondents.