Service of notice through registered post deemed effective under Section 27 of the General Clauses Act, 1887.

Rakesh Kumar Jain, J.

The matter involved in this case has arisen from the partition proceedings. The petitioner has challenged the order passed by Financial Commissioner dated 01.05.2013 (Annexure P-12) vide which the revision petition filed by respondent No. 1 has been allowed. The petitioner an respondent No. 1 were co-sharer in Khewat No. 346 Khata No. 367 Mustatil No. 66 Killa No. 1/1(7-12), Mustatil No. 67 Killa No. 4(3-14), 5(8-0), total Kitta 3 Rakba 19 kanal 6 marla and Khewat No. 121, Khata No. 124, Mustil No. 56, Killa No. 10/1(0-11), Kitta 1, Total Rakba 0 Kanal 11 Marla, Total 19 Kanal 17 Marla situated in the revenue estate of village Alipur, Tehsil Sohna, District Gurgaon.

2. The petitioner filed an application under Section 111 of the Punjab Land Revenue Act, 1897 (for short "the Act") before the Assistant Collector, 1st Grade, Sohna for seeking partition of the aforesaid land. Respondent No. 1 was served through registered post on her address i.e. A-2/111, Rajouri Garden, New Delhi. When respondent No. 1 did not appear despite service through registered post, the Assistant Collector, 1st Grade also ordered for proclamation at the land in the village. Respondent No. 1 did not appear and thereafter the mode of partition was prepared on 11.11.2009. No objection was filed to the mode of partition and, hence, the authorities were directed by the Assistant Collector, 1st Grade to prepare Naksha "B". Naksha "B" was accordingly prepared by the Halqa Patwari as per which 2/3rd share belonging to the petitioner being 13 Kanal 5 Marla and 1/3rd share belonging to private respondent No. 1 being 6 Kanal 11 Marlas was partitioned. Assistant Collector, Ist Grade, vide his order dated 23.12.2009, accepted Naksha "B" and directed the Girdawar to prepare Naksha "Jeem" which was followed by Sanand Takseem (partition deed). After the issuance of Sanand Takseem, respondent No. 1 filed an appeal against the order dated 23.12.2009 whereby Naksha "B" was approved alleging that she was not duly served and was wrongly proceeded against ex parte. The said appeal was allowed by the Collector, Gurgaon vide his order dated 18.10.2010. The petitioner challenged that order before the Commissioner of the Division. His appeal was allowed vide order dated 07.07.2011. Thereafter respondent No. 1 filed a revision petition before the Financial Commissioner (Revenue)-under Section 16(1) of the Act, which has been allowed vide impugned order dated 01.05.2013.

3. Counsel for the petitioner has argued that as per Section 20(4 & 5) of the Punjab Land Revenue Act, 1887 the respondent was duly served by registered post and also there was a proclamation in the village where the land is situated but despite that respondent No. 1 did not appear and was rightly proceeded against ex parte. Otherwise also on merits, it is submitted that no loss has been caused to respondent No. 1, as projected by way of site plan, which is on record as mark "A", in which land after partition, railing to the share of the petitioner is shown in red colour and to the share of respondent No. 1 in blue colour. It is submitted by learned counsel for the petitioner that petitioner and respondent No. 1 have been given land on the road side, in proportion, as the petitioner has got 2/3rd and respondent No. 1 has got 1/3rd in the land under partition. It is also submitted that in the appeal filed by respondent No. 1, there is no averment that they were not served through registered post. He has also referred to Section 27 of the General Clauses Act, 1887 (for short the "Act of 1887") to contend that once the summons were sent through registered post and it was not received back then presumption is that the said summon was served upon the addressee if the address on the registered post was correct. In this regard he has referred to the grounds of appeal filed by respondent No. 1 which contains her address on which summons through registered post were sent.

4. In reply, counsel for