upon completion of partition, to cause an instrument
of partition to be prepared and prescribe the day on which the
partition is to take effect ... objection at any stage of partition proceedings
regarding any illegality in the documents prepared during partition or
DINESH
the mode of partition, the petitioners cannot
year 1994-95. On
12.12.2001 Assistant Collector 2nd Grade framed mode of
partition and thereafter file was sent to the Assistant Collector
1st Grade ... proceedings. On 22.02.2002 the Assistant
Collector 1st Grade Palampur affirmed the mode of partition
passed by the Assistant Collector 2nd Grade. Thereafter on
2.6.2003 Suchinder
Regular Second Appeal No.3304 of 2014 (O&M) {2}
mode of partition was passed by the Assistant Collector IInd Grade,
Bilaspur vide order ... proceedings of the partition be started afresh from the stage of mode
of partition onwards, but the Assistant Collector did not comply with the
directions
partition is completed the Revenue Officer will cause an instrument of partition to be prepared and
the date on which the instrument of partition ... chapter dealing with partition proceedings. A perusal of the schemes of partition contained in Chapter IX would manifest that after the mode of partition
mode of
partition, instrument of partition prepared on that basis cannot be
questioned. Needless to say, instrument of partition is only a step
further ... chapter dealing with partition proceedings. A
perusal of the schemes of partition contained in Chapter IX would manifest
that after the mode of partition
mode of partition is determined. The partition proceedings come to an end, and in so far as the preparation of instrument of partition is concerned ... will frame the mode of partition. Any of the parties to the partition proceedings can challenge the mode of partition decided by the Revenue Officer
partition.
38. The relevant Section 121 states that when the partition is
completed, the Revenue Officer shall cause an instrument of
partition to be prepared ... after the partition
is completed. Meaning thereby,
thereby, the Revenue Officer after the
partition is completed, has to cause an instrument of partition
petitioners elecied to file objections against Naksha "K" (mode of partition). Their objections were that some co-sharers had not been impleaded ... Therefore, unless and until the question of title was decided, the mode of partition should not be approved. The objections were rejected by the Revenue
Assistant Collector Ist Grade, Thanesar (respondent
No.2) framed the mode of partition 'Naksha-Bey' on 4.8.1995 and
invited objections to the same ... Naksha-Bey' had not been prepared in accordance with
mode of partition and that Bara No.451 had not been given in the
share
partition. A partition in an Aliyasantana family could be effected only with the consent of all the adult members of the family. Such partition would ... partition, are not based on any reason, that a Kavaru being the basic unit under the Aliyasantana Law, partition by stirpes is the normal mode
