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2001 DIGILAW 1451 (PNJ)

Rupinder Singh v. Farangi Lal

2001-12-28

KARL REDDY

body2001
ORDER Karl Reddy, F.C. - This is a petition under Section 16 of the Punjab Land Revenue Act, 1887 seeking to revise the order dated 5.4.2001 of the Commissioner, Ferozepur Division, Ferozepur, and to restore the order dated 26.3.1999 of the S.D.M.-cum-Collector, Abohar, and the order dated 20.11.1998 of the Tehsildar-cum-Assistant Collector Ist Grade, Abohar, in partition proceedings. 2. The parties are co-sharers to the extent of 1/2 share each in the land to be partitioned. Farangi Lal opposed the clause in the Mode of Partition that possession should not be disturbed. He suggested block-wise partition, by disturbing the possession of the co-sharers, since the value of land in different blocks is different. The Assistant Collector Ist Grade held that as per his decision in an earlier dispute (for correction of Khasra Girdawari) between the parties, the possession of the co-sharers was clearly defined on the ground. Labour and capital invested by one party to improve its land would benefit the opposite party. Above all, fragmentation of holdings must be avoided. Accordingly, he rejected any amendment to the Mode of Partition. The Collector dismissed the appeal against that order. In revision, the Commissioner remanded the case with the direction that the Assistant Collector Ist Grade should visit the spot and frame Mode of Partition afresh, keeping in view the quality and incremental value of land. Hence the present petition. 3. The petitioners purchased their share in 1996 i.e. about 2-1/2 years before the partition proceedings commenced. They have not mentioned the specific improvements made thereafter by expending capital and labour, for which they are entitled to reap the benefit. They have mortgaged specific Khasra Nos. for taking a Bank loan, but the Bank has not contested the proceedings. There is no apparent reason to interfere with the order of the Commissioner directing the Assistant Collector Ist Grade to visit the site and frame the Mode of Partition afresh keeping in view the quality and incremental value of the land. The petition is rejected. To be communicated. Petition dismissed.