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2019 Supreme(P&H) 294

AUGUSTINE GEORGE MASIH
AJAIB SINGH – Appellant
Versus
FINANCIAL COMMISSIONER (REVENUE), PUNJAB – Respondent


Advocates Appeared:
Harsh Aggarwal, Adv., Charanpreet Singh, Adv., Sherry K. Singla, Adv.

JUDGMENT :

Augustine George Masih, J.

Petitioners have approached this Court challenging the order dated 20.01.2015 (Annexure P-13) passed by the Financial Commissioner (Revenue), Punjab, whereby, orders dated 17.09.2014 and 29.08.2012 (Annexures P-12 and P-10) passed by the Commissioner, Faridkot Division, Faridkot - respondent No.2 and order dated 29.10.2010 (Annexure P-9) passed by the Collector-cum-Sub Divisional Officer (Civil), Sub Division Talwandi Sabo, District Bathinda - respondent No.3 and order dated 06.08.2010 (Annexure P-8) passed by the Assistant Collector Ist Gradecum-Tehsildar, Talwandi Sabo, District Bathinda - respondent No.4, were upheld and partition proceedings were allowed to continue, on the ground that the same are illegal, arbitrary, null and void. Directions are also sought in the nature of mandamus to dismiss the partition proceedings initiated by respondents No.5 to 10.

2. It is the contention of the learned counsel for the petitioners that in the year 1963, rather on 28.07.1963, a family private partition had taken place. On the basis of the said partition, possession of the land was exchanged between the brothers. This, he asserts on the basis of the kha









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