Partition of Joint Khata

Contention of petitioner was that suit property was situated in joint khewat and no specific boundary or number of property was mentioned in the ejectment petition, therefore, the same could not be indentified without demarcation and that the Executing Court had gone beyond the decree by passing the order regarding removal of structure and machinery installed on the property in question

Validity

Petitioner had to return possession of the property which was given to him on rent and it was not relevant whether property was part of joint khata or not

No controversy was left which had to be resolved by the Executing Court

Courts below had rightly dismissed the application

Writ petition was dismissed.

Joint Khata of 11 land owners, was partitioned, and two of them assailed said partition in appeal, which appeal was dismissed and partition made by Tehsildar was upheld

Executive District Officer (Revenue), accepting revision against order of dismissal of appeal, remanded case to Tehsildar for deciding the case afresh

Validity

Under provisions of R.6-A of West Pakistan Land Revenue Rules, 1968, Executive District Officer (Revenue) was not empowered to remand the case, as said powers were vested in the Member, Board of Revenue

Executive District Officer (Revenue), having assumed non-existent powers, without going into merits of the case, same could not prejudice the mind of the lower court

Impugned order was set aside and matter was remanded to Additional Commissioner (Revenue) to decide the case himself as per law after giving opportunity of hearing to the parties concerned.

Petitioners, alleged that respondent had moved application for partition of land of Joint Khata with mala fide intention, obtained ex parte order from the Tehsildar thus got undue benefit

Petitioners, contended that District Officer (Revenue) after visiting the spot, passed a lawful order, keeping in view means of irrigation, entitlement of parties etc,; that Appellate Authority, without keeping in view the grounds reality and factual position of the case, while passing impugned orders, made unjustified amendments in the wandas of the parties

Validity

Record had shown that present was not a case of partition of Joint Khata, but was a case of determination of specific piece of land which was purchased by the petitioner; as both the parties were purchasers of land in question

Petitioners had purchased the land with specific Khasra numbers in consequence that transaction, possession was handed over to them

Respondents, who had received consideration of that particular piece of land according to its market value, had no lawful right to grab said land, which they had sold to the petitioners in the garb of partition

Impugned orders by Appellate Authority below, was set aside and order passed by District Collector was upheld.