Punjab-Haryana High Court
P.N. Sethi vs Santosh Rani And Others on 4 July, 2011
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.3969 of 2011 (O&M)
Date of decision: 4th July, 2011
P.N. Sethi
... Petitioner
Versus
Santosh Rani and others
... Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Adish Gupta, Advocate for the petitioner.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Petitioner along with his two sisters is owner of a plot No.W- 12/New No.2697, Sector-A, Green Field Residential Colony, Anandpur Road, Faridabad. Admittedly, this plot is in the urban area and is governed by the local laws. The petitioner had filed a suit for partition and mandatory injunction and a preliminary decree was passed on 27th April, 2007. Thereafter, an application was filed for preparation of the final decree and a prayer was made that the plot be partitioned between the petitioner and his two sisters, i.e. respondents No.1 and 2. A Local Commissioner was appointed, who has given a report that the plot can be divided into three parts. The report of the Local Commissioner has not been accepted by the trial Court on the ground that the local laws and rules do not permit sub division/partition of a plot. Therefore, vide impugned order it was ordered that the property be got valued from an expert. In the present revision petition, this order has been assailed Civil Revision No.3969 of 2011 (O&M) 2 saying that the property be not got valued and the plot be got divided into three parts.
No material has been placed before this Court to dislodge the finding that the rules/bye-laws prohibit any sub division of the plot. As the plot falls in urban area, learned counsel has not controverted the fact that there are specific rules/bye-laws which do not permit such a partition of the plot as prayed for.
Hence, no interference is warranted in the present revision petition as the finding of trial Court does not suffer from any infirmity and the present revision petition is hereby dismissed.
[KANWALJIT SINGH AHLUWALIA] JUDGE July 4, 2011 rps