Law:

Section:

P L D 1957 W. P. (Rev.) 54         (a) Mutation---   ---Partition-No clear evidence showing private partition-Mutation not to be sanctioned.     (b) Mutation---   --Mistake one of principle-Revision lies,     ORDER   H. A. MAJID.-----The dispute between the parties relates to four mutations of partition of land situated in the estates of Mela, Kot Moman, Bucha Kalan and Daulatpur. Respondent No. 1 claims that the joint property of the two parties in these four estates had been partitioned between the share holders in all the four estates. The Assistant Collector sanctioned these mutations on 23rd April 1950. The appeal of the present petitioners was rejected by the Collector of Jhelum on 21st July 1954, and their revision before the Commissioner was unsuccessful on 29th July 1955.   I find it necessary to interfere in revision, because the Assistant Collector, who sanctioned the mutations, appears to have acted on insufficient material. The present petitioners denied the fact that any partition had been properly effected between the parties.   Respondent No. 1 bases his assertion on the following facts:---   During the lifetime of the respondent No. 1's father, a mutation was entered in theestate of Mela in 1934. The Patwari had asked the then shareholders whether they would allow him to enter a mutation of private partition. Such a mutation was entered and at one time some of the petitioners and the predecessor-in-interest of other share holders made a statement to the effect that they had made some Dheris, The Patwari was ordered by the Assistant Collector to record the Dheris in accordance with the lists produced by the parties. The mutation was finally rejected after the death of respondent No. 1's father, because the other shareholders refused to agree to the partition;   In a suit between the parties, the counsel for the present petitioners is reported tohave stated that there had been a complete partition between the parties ; and   The possession of the parties has been separate ever since 1933 or 1934.   The separate possession of respondent No. 1 in respect of…