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2000 Supreme(P&H) 832

JAWAHAR LAL GUPTA, K.S.GAREWAL
Raja Ram alias Rajender – Appellant
Versus
Tehsildar-cum-Assistant Collector, Hissar – Respondent


Advocates Appeared:
For the Petitioners:Mr. Vinod Gupta, Advocate.
For the Respondent Nos. 2 and 3:Mr. Shailender Jain, Advocate.

JUDGMENT

K.S. Garewal, J. - Raja Ram alias Rajender and Het Ram are the petitioners before this Court, who have sought quashing of the order of the Tehsildar-cum-Assistant Collector, IInd Grade, Hissar, passed on April 28, 1999 (Annexure P-3), whereby the objections filed by the petitioners were rejected and as a consequence the instrument of partition was drawn up.

2. Mohan Lal and Raja Ram, respondents 2 and 3, had applied for partition of 240 kanals of land situated in village Chikanwas, Tehsil and District Hissar, and impleaded all the co-sharers including the petitioners. The application was entertained by the Tehsildar-cum-Assistant Collector, IInd Grade, Hissar and notices were issued to all the co-sharers. Only the petitioners elected to file objections against Naksha "K" (mode of partition). Their objections were that some co-sharers had not been impleaded and they should be given separate lots (Kurras) and a suit for possession against the applicants and other co-sharers was pending in the Court of Civil Judge, Hissar, which involved a question of title. Therefore, unless and until the question of title was decided, the mode of partition should not be approved. The objecti










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