Law:

Section:

Partition-Shamilat land-Mode of partition should be in accordance with land revenue payable by a shareholder or pro portionate to area held by him-Sharat Wajibul Arz or agreement between co-sharers of estate-Deciding factor in partition of Shamilat. ORDER   These two revision petitions relate to the mode of partition of Shamilat land of village Ram Nagar, district Guiranwala. The Assistant Collector had sanctioned a mode of partition and the petitioner Mst. Sakina Bibi went up to the Collector in appeal which was rejected. Her revision petition to the Commissioner has also been dismissed. She has now come up in second revision.   The second revision petition relates to an interim order of the Assistant Collector by which the partition proceedings were restored. The proceedings had been filed in default but on a subsequent application for restoration the proceedings were started afresh. As in the substantive case an appeal to the Collector and subsequently a revision to the Commissioner against this restoration have also been dismissed. This is a second revision petition in that connection.   The main point of contention between the parties is whether the partition should take place in accordance with the land revenue demand payable by a shareholder or in proportionate to the area held by him. The revenue officers below have all come to the conclusion that the partition should be effected in proportion to the area held, and it appears that the body of villagers with the exception of Hidayat Ali and his near relations have all accepted this proposal. The petitioners have not been able to produce any documents to support their contention that partition should take place in accordance with the land revenue demand payable by the co-sharers. A copy of the latest Sharat-Wajibul ARZ which is put the clearly indicates that the mode…