Law:

Section:

(a) Partition-Mode of-(Possession)-------   ----Only party, asking for partition, an auction purchaser front Government of land of an absconder-Part of land given to such party, taken from possession of objecting co-sharer who himself had been cultivating such part only from time of absence of absconder, such land being under cultivation of absconder before he absconded-Land, held, belonged to absconder and objecting party could not claim to retain it.   (b) Improvements-----   ----Party enjoying land belonging to his co -sharer without making any payment to anybody-Not entitled to compensation for improvements.   (c) West Pakistan Land Reforms Regulation [(C. M. L. A's) No. 64]------   ----para. 23-Land Reforms in West Pakistan; Vol. 1, p. 164; para. 215. (3) (i)-Area obtained by partition added to area already owned by party amounting to more than subsistence holding-Partition, held, not against provisions of Martial Law Regulation 64.  ORDER   This is a revision filed against an order dated the 18th of December 1963, passed by Additional Commissioner, D. I. Khan, whereby the appeal preferred by the petitioner was dismissed.   The facts of the case are that one Shahzad, a co-sharer, along with respondent No. 1 and others, absconded. His land was auctioned and the petitioner purchased it. Subsequently he applied for the partition of his share and the Tahsildar Bannu proposed a mode of partition whereby the petitioner got 57 kanals and 7 marlas excluding 19 kanals and 5 marlas of cultivated area which was taken from the possession of Mir Muhammad Khan respondent No. 1 and given to the petitioner. The Revenue Assistant sanctioned the mode of partition on the 30th of October 1958. Mir Muhammad Khan went in appeal to the Collector who remanded the case on 2-6-1959 on the ground that the partition was against the provisions of Martial Law Regulation No. 64.   The case was again sent up to the Tahsildar for suggesting a fresh mode of partition. He made proposals .on the 10th of March 1961, and the Revenue Assistant approved his recommenda tions on 27-12-1961. There was only a slight amemdment to the effect that 4…