Case Details

Citation(s)
2016 SLG 3212 2016 SLD 3212 2016 MLD 1346
Board of Revenue, Punjab
R.O.R. No. 1107 of 2003, decided on 15th July, 2015
WAHEED AKHTAR ANSARI, MEMBER (JUDICIAL-III)
Rana Rashid Akram for Petitioners.

MUHAMMAD BASHIR AND OTHERS ERS

VS

MUHAMMAD RAMZAN AND OTHERS --RespondentS

Law:

Section:

Punjab Land Revenue Act (XVII of 1967) --------- ----------Ss. 135 & 164 --------- Partition of land --------- Tehsildar, on submission of application for partition of land of joint khata, partitioned the land of joint khata; and framed wandajat of the parties accordingly --------- Aggrieved by that order, the petitioners filed appeal before District Officer (Revenue) with delay of about three years, which was dismissed --------- Revision petition was also dismissed by Executive District Officer (Revenue) --------- Main contentions of petitioners, were; that Tehsildar while passing order of partition, had denied opportunity of hearing to the petitioners; that, right of two minors had been jeopardized while passing such order; that area under possession of the petitioners, had been given to the respondents, and more valuable land disproportionate to the entitlement of the respondents, had been given to them through impugned partition and that no opportunity of hearing was given to the petitioners --------- Validity --------- Contention regarding opportunity of hearing, had become merely a technical plea as the matter was in litigation before various forums of law for the last 20 years and at each forum, the petitioners had availed the opportunity of hearing and lost their case at each forum --------- Regarding minors, with the time they had attained the age of majority, but had never assailed the impugned partition, such contention was worthless --------- Contention of the petitioners that area falling under their possession had been given to the respondents, was quite astonishing, as petitioners, during arguments had themselves admitted that the respondents were not in possession of even an inch of impugned land; and all the impugned land was in the possession of the petitioners --------- If that contention of the petitioners, was accepted, the respondents would remain landless for all times --------- PETITIONERS, being in excess possession than their entitlement were refusing the right of harvesting benefits to the respondents of their entitlement and wanted to continue with such robbery --------- Plea of petitioners regarding valuable land was explained…
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