BARDU Vs. TARA CHAND

JUDGEMENT

(1.) The Divisional Commissioner, Kangra Division has, vide his order, dated 21 -3 -1983, recommended that the orders of the Assistant Collector, 1st Grade as well as the Collector, Dehra Sub -Division, should be set -aside and the Assistant Collector, 1st Grade, directed to sanction the mode of petition without disturbing the possession of the parties.

(2.) Briefly, the facts of the case are that Fatta and Bhagtu were the joint owners of the land comprising Khasra Nos 2188/1680, 1681/45 and 1682/1145, measuring 4 Kanals 17 marlas, situated in Tika and Mauza Dehra and their respective shares in the land were to the extent of 3 kanals 13 marlas and 1 kanal 4 marlas respectively. The present petitioners purchased 2 kanals 13 marlas of land from Fatta and Amar Chand purchased 1 kanal from Fatta, In other words, Fatta sold his entire share to Bardu Ram, Subhash Chand and Amar Chand. While Bardu and Subhash Chand purchased the land from Fatta in 1968, Amar Chand bought it in 1974.

(3.) The present respondent, Tara Chand applied for partition of the land measuring 4 kanals 17 marlas on 7 -8 -1975 to the Assistant Collector, 1st Grade, Dehra. The Assistant Collector, llnd Grade, to whom the file had been sent, recorded the statements and proposed the mode of partition. The mode of partition was finally sanctioned by the Assistant Collector, 1st Grade, on 6 -12 -1977. Feeling aggrieved by that order, dated 20 -11 -1976 by virtue of which, the mode or partition was proposed, Bardu Ram preferred an appeal before the Collector, Dehra, but the appeal was dismissed. Now aggrieved by this order of the collector, Dehra Sub -Division, he and Subhash Chand preferred a revision petition before the Divisional Commissioner, who as stated above, recommended the same for acceptance.