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2012 Supreme(P&H) 1162

RANJIT SINGH
Lunar Finance Limited – Appellant
Versus
Financial Commissioner Haryana – Respondent


Advocates:
For the Petitioner:Mr. C.B. Goel, Advocate.
For the State: Mr. Sunil Nehra, Sr. DAG Haryana.
For the Respondents No. 5 to 9:Mr. Atul Gaur, Advocate for Mr. Sumeet Goel, Advocate.

JUDGMENT

Mr. Ranjit Singh, J.: - Respondents No. 5 to 9 filed a partition application before respondent No. 4 for partition of joint khewat measuring 2613 kanals 4 marlas of land situated at village Ghata Tehsil Sohana, District Gurgaon. The petitioner alongwith others raised objections and disputed rights of respondents No. 5 to 9 to get this land partitioned as some question of title was raised which was pending. It is stated that land in dispute is recorded as Gair Mumkin Pahar and Nala and as per Sharat Wazib-Ul-Arz, Gair Mumkin Pahar and Nala can not be partitioned.

2. Respondent No. 4 dismissed the objections with regard to the question of title raised by the petitioner. Aggrieved against the same, petitioner filed an appeal before respondent No. 3. The appeal was dismissed on 18.12.2006 on the ground that question of title already stood decided in Civil Revision No. 3375 of 2005 decided on 18.01.2006. It is even noticed that during the partition proceedings the petitioner had sold away his entire portion of land and now no land is left qua his share in the partition application. Aggrieved against the same, the petitioner filed a revision which was dismissed on 09.04.2007. Th







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