Jawahar Lal Gupta, J. (Oral) - Has the Financial Commissioner erred in accepting the claim of respondents No. 2 to 4 that the family property had been partitioned through a family settlement ? This is the short question. A few facts.

2. Santu had four sons - Arjan Singh, Sadhu Singh, Sarwan Singh and Mukhtiar Singh. The first of these viz. Arjan Singh filed a petition in or about the year 1981 for partition of the land measuring 149 kanals 19 marlas. The remaining three brothers raised an objection. They pointed out that the land had already been partitioned through a family settlement. The Assistant Collector declined to proceed with the petition for partition. He directed Arjan Singh to approach the Civil Court. He did. Civil Suit No. 537 of 1982 was instituted on May 13, 1982. The trial Court framed various issues including :

(1) Whether a family partition took place between the parties regarding the land in dispute and 32 kanals 8 marlas of land as described in para No. 1 of the written statement had fallen to the share of the plaintiff ? OPD

(2) If issue No. 1 is not proved, whether the plaintiff is joint owner of the land in dispute ? OPP.

3. After considering of the ma