LEKH RAM Vs. GOPAL

JUDGEMENT

(1.) This revision petition has been filed by the petitioners, Lekh Ram and others under Section 17 of the H.P. Land Revenue Act against the order dated 23 -5 -1970 of the Commissioner, Himachal Pradesh, who rejected the revision petition filed before him and upheld the order dated 16 -7 -1968 of the Collector, Mahasu.

(2.) Briefly, the facts of the case are that an application was made by Shri Kapuru on 31 -8 -1964, for the partition of land situated in village Okharu, comprising Khata No. 3/4, Kitat 38, measuring 25 -18 bighas, before the Assistant Collector, IInd Grade (Tehsildar, Kasumpti) . The opposite party, Lekh Ram and others, petitioners in the instant revision, opposed the partition application on the ground that in view of a private partition which had already taken place between them, the question of title was involved. Consequently, the Assistant Collector, IInd Grade (Tehsildar, Kasumpti) referred the partition application to the Revenue Assistant for deciding the question of title. The Assistant Collector, 1st Grade (Revenue Assistant) vide his order dated 8 -9 -1965 rejected the application for partition holding that the question of title was involved and the parties should approach the civil court of competent jurisdiction for a decision regarding the title before knocking at the door of the Revenue Officer for partition. Aggrieved by this order, Shri Kapuru, respondent in the instant revision petition, filed an appeal before the Collector of the erstwhile Mahasu District, who vide his order dated 18 -4 -1966 reminded the case back to the Assistant Collector, 1st Grade for reconsideration of the evidence and disposal of the partition application accordingly. After the case was remanded, the Revenue Assistant (Assistant Collector, 1st Grade) considered the evidence and came to the conclusion that the question of title was not involved and accordingly, he directed the Assistant Collector, IInd Grade, to proceed with the partition proceedings.

(3.) Aggrieved by this order dated 30 -12 -1967 of the Assistant Collector, 1st Grade, Mahasu, the petitioners preferred an appeal to the Collector, Mahasu. The learned Collector vide his order dated 16 -7 -1968 dismissed the appeal on the ground that the private partition, if any, had not been given effect to in the revenue record and the exclusive possession of the land, in question, by the petitioners, had not been established on the basis of the entries in the revenue record. This order of the Collector, was challenged in revision before the Commissioner, Himachal Pradesh. He too, came to the conclusion that no question of title was involved and the revision was not competent in view of the fact that the two revenue courts below had given concurrent findings on the question of title.