JODHA RAM Vs. RANJIT SINGH

JUDGEMENT

(1.) We propose to dispose of all the four revision petitions by a single order since the order challenged is the same in all the revision petitions. 2 Order dated 17 -3 -1988 of the Commissioner, Mandi Division, has been challenged by the petitioners by way of revision petitions No 171/88, 173/88, 174/88 and 175/88.

(3.) The facts of the case briefly stated are that S/Shri Ranbir Singh and Ramesh Chand are sons while Shri Ranjit Singh is the nephew of Shri Jodha Ram. Shri Ranjit Singh, who is a real nephew of Shri Jodha Ram, filed an application on 7 -1 -1985 for the partition of the joint holdings comprised in Khata No 15, Khatauni No. 25 Kitas 35, measuring 31 Kanals 16 Marlas, situated in village Chamyola, Tappa Bani, Tehsil Barsar, District Hamirpur. While this application for partition was being processed, Shri Ranjit Singh made another application on 16 -1 -1985 to Tehsildar, Barsar, stating that he was in possession of Khasra Nos. 584 and 585 and his possession as Hissadar (co -sharer) be recorded. It is relevant to mention that main dispute is regarding these two Khasra numbers, which form part of the land sought to be partitioned. This application was sent by the Tehsildar to the Field Kanungo, who visited the spot and recorded the statements of respectable persons. Shri Jodha Ram though was present, he refused to make any statement. As per verification made by the Revenue Officer, the residential house and compound of Shri Ranjit Singh were found to be on Khasra Nos. 584 and 585. Shri Jodha Ram had made a statement on 20 -2 -1985 during the partition proceedings that he had no objection for the partition of the joint holdings. However, on 22 -5 -1985, his Counsel Shri M. R. Sharma, Advocate stated and asserted that whole of the joint holding was under the ownership of Shri Jodha Ram including the house built on Khasra Nos. 584 and 585 and the entry, which exists in the revenue record in favour of Shri Ranjit Singh, was wrong. He also stated that Shri Ranjit Singh was serving in the Army and was residing at the place of his posting. He argued that question of title in the case was involved and the application for partition be refused. Thereafter, the Revenue Officer ordered on 27 -2 -1985 to prepare ˜Fard Kabja Moka and Naksha Alif in respect of the joint holdings. According to the Fard Kabja Moka and Naksha Alif Khasra numbers 584 and 585 were shown under the possession of Shri Ranjit Singh whereas the rest of Khasra numbers were shown in the possession of Shri Jodha Ram.

(4.) While the partition proceedings were on, Shri Jodha Ram executed a gift deed on 8 -10*1985 transferring his share of ownership in respect of Khasra Nos, 584 and 585 in favour of his sons S/Shri Ranbir Singh and Ramesh Chand The mutation in this respect was entered on 6 -11 -1985 but the same was rejected by the Assistant Collector. II Grade, on 23 -12 -1985 on the ground that the possession was with Shri Ranjit Singh and had not been transferred to S/Shri Ranbir Singh and Ramesh Chand.