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2017 Supreme(HP) 1125
FINANCIAL COMMISSIONER (APPEALS), HIMACHAL PRADESH
Shri Narinder Chauhan, I.A.S.
Sh. Bhagat Ram Son Of Mahi - Appellant
Versus
Todri Devi - Respondent
Revision Petition No. 137 of 2014
Decided On : 07-02-2017
Sh. L.S. Rana, Advocate, for the Petitioner; Sh. C.S. Sen and vice P.S. Sen, Advocates, for the Respondent No. 7; Sh. Hira Lal, Nagu Ram, Gokal Ram and Sant Ram, Advocates, for the Respondents No. 1 (a, b), 5 & 6
The main legal point established is that the partition of land must be equitable and fair, and the distribution should adhere to the agreed Mode of Partition, with provisions for compensating co-sharers who have sold their shares.
Headnote:
Land Revenue Act - Partition of Land - H.P. Land Revenue Act, 1954, Section 17
Fact of the Case:
The case involved a dispute over the partition of land under Khata No. 78, Khatauni No. 112 to 117, Khasra No. 29, 1195/49, 26, 28, 1189/42, 44, 21, 27, 1191/45, 1151/24, 1193/48, 1151/24, 1193/48, 1150/24, Kitta 12, area measuring 5076 Square Metres, situated in Mohal Ropa 26/1, Tehsil Sundernagar, District Mandi, H.P.
Finding of the Court:
The court found that the partition was not equitable and fair, and the orders of the lower courts were not in accordance with the Mode of Partition agreed to by both parties.
Issues: The issues revolved around the equitable distribution of land, entitlement to road frontage, and compliance with the Mode of Partition.
Ratio Decidendi: The court held that the partition must be equitable and fair, and the distribution of land should be in accordance with the Mode of Partition. It also emphasized the need to compensate co-sharers who have sold their shares in a joint holding.
Final Decision: The court set aside the orders of the lower courts and remanded the case for disposal in accordance with the observations, accepting the recommendations of the Ld. Commissioner, Mandi Division.
ORDER
Shri Narinder Chauhan, I.A.S., Financial Commissioner (Appeals). —This revision petition has been recommended by the Ld. Commissioner, Mandi Division, under section 17 of the H.P. Land Revenue Act, 1954 (hereinafter referred to as ''the Act''), vide his order dated 23.09.2014 passed in case No. 147/2012, for setting aside the orders of the lower courts and further to remand the case to Assistant Collector 1st Grade, Sundernagar for a decision in the light of his order dated 25.4.2006.
2. Brief facts of the case are that Smt. Todari Devi (Deceased respondent No. 1 preferred an application dated 15.1.2000, before the A.C. 1st Grade, Sundernagar, District Mandi, for partitioning of the land comprised in Khata No. 78, Khatauni No. 112 to 117, Khasra No. 29, 1195/49, 26, 28, 1189/42, 44, 21, 27, 1191/45, 1151/24, 1193/48, 1151/24, 1193/48, 1150/24, Kitta 12, area measuring 5076 Square Metres, situated in Mohal Ropa 26/1, Tehsil Sundernagar, District Mandi, H.P. as per jamabandi for the year 1993-94. After processing the application, the A.C. 1st Grade, accepted the partition vide his order dated 25.10.2007. Feeling aggrieved with the said order of the AC 1st Grade, the present petitioners filed ai appeal before the Sub-Divisional Collector, Sundernagar who after hearing the parti accepted the same vide his order dated 3.6.2008, in case No. 18 of 2007, and remanded the case to AC 1st Grade, Sundernagar, with the directions to partition the land abutting the road side as per condition No. 14 of the mode of partition i.e. as per share of the owners. Feeling aggrieved the this order dated 3.6.2008, the present respondents filed an appeal before the Division Commissioner, Mandi, who after hearing the parties accepted the same vide his order dated 22.12.2009 in case No. 177/08, and remanded the case back to the id. Collector, with the directions to decide the case afresh after affording opportunity of being heard to the parties. After hearing the parties, the Sub-Division Collector, Sundernagar, vide his order dated 12.4.20012, allowed review application ail case was again remanded back to the Assistant collector, 1st Grade, Sundernagar with the direction to complete the partition proceedings in accordance with its order data 25.10.2007.
3. Dissatisfied with the orders dated 12.04.2012, the present petitioners filed; revision petition before the Ld. Commissioner, Mandi Division, on the grounds that impugned order under challenge is both against law and facts; that the lower court has committed serious irregularities and illegalities during the court of the proceedings which have resulted into miscarriage of justice. That the orders of both the courts below are contravention and in violations of the mode of partition dated 6.1.2003. That land bearing Khasra No. 44, 1191/45, 1193/48 and 1195/49 is abutting to the road side with 51 meters road front and is several times more valuable as compared to other land and according to the shares of the petitioners they are allotted only 4 meters of road frontage which is quite inequitable, unfair and in breach of the mode of partition as well as settled principles of partition. That the petitioners were not party to the sale in favour of the respondents, and as such their claim for road side frontage in proportion to their share cannot be defeated for the act of the other co-sharers. That the order dated 25.10.2007 and 12.4.2012 of the trial court and appellate court are in clear violations of the mode of partition dated 61.2003. After hearing the parties and on perusal of the record, the Ld. Commissioner, Mandi Division, has referred the matter to this court under Section 17 of the Act, vide his order dated 23.09.2014, passed in case No. 147/2012, with the recommendations to set aside the orders of the courts below and further to remand the case to the AC 1st Grade, Sundernagar for a decision in light of his order dated 25.4.2006 or as may be deemed fit. While referring the matter to this cou
