Punjab-Haryana High Court
Dalip Singh vs Financial Commissioner (Appeals-Ii) on 24 September, 2012
Bench: Rajive Bhalla, Rekha Mittal
LPA No.1472 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
*****
LPA No.1472 of 2012
DATE OF DECISION : 24.09.2012
Dalip Singh ...Appellant
Versus
Financial Commissioner (Appeals-II), Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
HON'BLE MRS. JUSTICE REKHA MITTAL
Present : Mr. Gagandeep Singh Sirphikhi, Advocate,
for the appellant.
RAJIVE BHALLA, J. (ORAL)
The appellant prays that order dated 24.08.2012 passed by the learned Single Judge, dismissing his writ petition, may be set aside.
Counsel for the appellant submits that in view of Section 158 (2) of the Punjab Land Revenue Act, 1887 (hereinafter referred to as 'the Act'), partition proceedings, cannot be challenged, before a civil court. The mere fact that one of the parties has filed a civil suit, challenging validity of partition proceedings, could not be a ground to dismiss the writ petition. It is further submitted that as the Act does not provide an appeal or a revision against a Sanad Takseem, (the final document of partition) the appellant had no option but to file a writ petition as held by this Court in Raja Ram alias Rajender Vs. Tehsildar-cum-Assistant Collector, Hissar, 2001(1) PLJ (Civil) 1; Ranbir Singh Vs. Financial Commissioner, Haryana and others, 2005(3) RCR (Civil) 385 and Amar Khan and others Vs. State of Punjab and others, 2009(1) RCR (Civil) 741.
We have heard counsel for the appellant and find no reason to LPA No.1472 of 2012 -2- entertain the appeal, much less set aside order dated 24.08.2012 dismissing the writ petition. Admittedly, a civil suit, has been filed by a co-sharer. The appellant is arrayed as a defendant, in the suit. The civil suit seeks to challenge the jurisdiction of revenue authorities to entertain or adjudicate upon the application of partition, without deciding a question of title. The civil suit, as admitted, by counsel for the appellant, is based upon certain sale deeds, which would, if allowed, alter the shareholdings of co-sharers. Section 158 (2) of the Act prohibits a Civil Court from entertaining a suit on such matters as are specifically provided for under the Act. A question of title is not such a matter. If a question of title arises, in partition proceeding, a party may validly approach a Civil Court, without attracting the bar contained in Section 158 (2) of the Act. Admittedly, a co-sharer has already filed a civil suit raising a plea of title. The appellant is a party to suit and may, if so advised, seek his remedy against the Sanad Takseem in the pending suit or by way of filing an independent suit.
Dismissed.
(RAJIVE BHALLA)
JUDGE
24.09.2012 (REKHA MITTAL)
adhikari JUDGE