Case Details

Citation(s)
2015 SLG 1678 2015 SLD 1678 2015 CLC 546
Board of Revenue, Punjab
R.O.R. No.1173 of 2013, decision dated: 22-12-2014
NADEEM ASHRAF, SENIOR MEMBER (REVENUE)
Malik Rafique Ahmed for Petitioner. Malik Fazal-ur-Rehman for
Respondents

IBRAR AHMED

VS

REHEEM DAD and 8 others

Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 135 & 164---Partition of joint khewat of land---Petitioner, who was sharer in three joint khewats of land, applied for partition of his share from only one khewat---Respondents/other sharers of those khewats opposed said mode of partition, contending that petitioner should have sought partition of his share from all three joint khewats---Tehsildar/Assistant Collector approved mode of partition of only one Joint Khewat, and District Collector upheld findings of Assistant Collector---Revision by respondents against order of District Collector was accepted by the Commissioner---Validity---Each joint khewat was a separate unit and any joint owner thereof could apply for partition of his share under S.135 of the West Pakistan Land Revenue Act, 1967---Contention of respondents, was devoid of any legal force---Impugned order of Commissioner was set aside, and orders passed by forums below, were restored, in circumstances. Muhammad Yasin and another v. Jan Muhammad and 32 others 2005 CLC 1944 ref. ORDER NADEEM ASHRAF, SENIOR MEMBER (REVENUE).--- This revision petition under section 164 of the Punjab Land Revenue Act, 1967 is directed against the order dated 26-2-2013 of the Commissioner, Rawalpindi Division, whereby the appeal of respondents was accepted, order dated 17-4-2012 of the District Collector, Attock as well as the order dated 15-11-2011 of Naib Tehsildar/Assistant Collector First Grade, Jand were set aside and Ibrar Ahmed, petitioner herein was directed to file fresh applications for partition of joint Khewats Nos.2167, 2168 and 1582 of mauza Pind Sultani Tehsil Jand District Attock, if so desired by him. 2. Facts of the case briefly are that Ibrar Ahmed, petitioner submitted application to the Naib Tehsildar, Jand having powers of Assistant Collector First Grade, for partition of his share in joint Khewat No. 2167 (58 kanal 10 marlas) of mauza Pind Sultani Tehsil Jand District Attock. The opponent party applied before the Naib Tehsildar, Jand that the application for partition of only joint Khewat No.2167 be rejected, as Ibrar Ahmed had not applied for partition of his share in all other joint…
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