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1993 Supreme(P&H) 801

JAWAHAR LAL GUPTA
Sohan Lal – Appellant
Versus
Financial Commissioner – Respondent


Judgment

1. The dispute between the two brothers (the petitioner and respondent No. 4) is over a trifle. It relates to the partition of a piece of land. The claim of the petitioner has been rejected by the Assistant Collector Grade I, the Collector and even the Financial Commissioner. Aggrieved by these orders, the petitioner has filed this writ petition and challenged the findings recorded by the revenue authorities. A few facts may be noticed.

2. On an application for partition of the land measuring about 53 Kanals, the Assistant Collector sanctioned the mode of partition and sent the papers to the Girdawar for preparation of the necessary documents. The petitioner and the respondent were given opportunity to file objections. None were filed. Vide order dated 10/01/1989 (a copy of the order is at Annexure P-2), the Assistant Collector recorded that the parties have stated that they have verified the papers to be correct and requested for acceptance of the same. So in the absence of any objection, the partition is accepted. Feeling aggrieved by the order, the petitioner filed an appeal before the Collector. It was rejected vide order dated 12/06/1989 a copy of which has been produc










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