Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 135 & 164---Partition of joint holding---Application for---Total Joint holding of parties comprised of five Khatas, but respondent had applied for partition of land of two Khatas leaving behind remaining three Khatas---Tehsildar/Assistant Collector partitioned joint holding comprising said two Khatas among share-holders vide ex parte order---Petitioners filed review application before Tehsildar for review of ex-parse order and prayed therein that entire joint holding comprising all five Khatas be pooled together, and partitioned among share-holders under law---Tehsildar, who had passed earlier partition order, was transferred and his successor could not review the same---Petitioners preferred appeal before District Collector, who set aside order passed by Tehsildar---Appeal filed by respondent against order of District Collector, was accepted by Commissioner who set aside order passed by District Collector and revived order passed by Tehsildar/Assistant Collector and petitioner had filed revision against said order of Commissioner-Proceedings carried out by Tehsildar/Assistant Collector were not just, fair and equitable and smacked of favouritism and mala fide and miscarriage of justice---Dispute between parties could only be resolved by pooling together entire joint holdings borne on all five Khatas and partitioning among share-holders in a just, fair and equitable manner---Impugned orders and ex-parte partition proceedings finalized by Tehsildar, were set aside and revision petition was accepted by the Board of Revenue---Application pending with Tehsildar for partition of Khatas, was directed to be expeditiously adjudicated in a fair, impartial and equitable manner by Tehsildar in accordance with spirit of law. Iqbal Ahmad Khan for Petitioner. Respondent in Person. Date of hearing: 3rd October, 2002. ORDER LIAQUAT ALI (MEMBER JUDICIAL-III).-----This is a revision petition under section 164 of the West Pakistan Land Revenue Act, 1967 against the order, dated 5-10-1999 passed by the Commissioner, Lahore Division, Lahore, whereby, he accepted the appeal filed by the present respondents against the…

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