abadi land and was not agricultural land. The
order of partition was passed by the Revenue Officer
on 22.9.1970, Exhibit D11. The suit land ... been made by pleading that the land was
subjected to land revenue. Even applicability of land revenue in the State of
Haryana has been repealed
thereto, including waste land, forest land,
land for pasture or sites of buildings and other structures
occupied by cultivators of land, agricultural labourers and
village ... land is agricultural land whereas
the suit property is Banjar jaded land and 2 marlas land is
also a part of gair mumkin land which
plaintiff no.1, the order of partition was passed. The order of partition
pertaining to land measuring 1 kanal 12 marlas of killa ... kanals 15 marlas land
was to be taken out from the land of Sheodan, therefore, 58 kanals 3 marlas
land remained under dispute. PW4-Brij
partition the same. Once an order
of partition, instrument of partition has been prepared, the plaintiff
has no right to get suit land re-partitioned ... land in dispute was
ordered to be partitioned by the Revenue Officer, it
was abadi land and was not agricultural land. The
order of partition
land in dispute was ordered to be partitioned by the
Revenue Officer, it was abadi land and was not
agricultural land. The order of partition ... assessed to land revenue. So, apparently the
Revenue Officer, who partitioned the land, had the
jurisdiction to partition the same and as such, the order
Assistant Collector and the mode of partition, which read as under:-
"Mode of partition
Land situated in village Isharwal
1. Total land of partition ... land is joint with respondents and being joint land he cannot
get fruits of his share. In the end he prayed for partition of land
partition proceedings keeping in mind the proposed mode
of partition dated 22.07.2010 as per which, each co-sharer
should be given their shares in land ... That the partition shall be made by keeping possession
intact.
4. That at the time of partition, valuable land out of
valuable as per share
portion of the land vide which the appellant-defendant was
given land at Village Gadauli, Haryana and respondents-plaintiffs
were given land at Village Machhi ... owner of the suit land. She was not
competent to partition the entire land vide family partition neither the
appellant-defendant had pre-existing right
petitioners was moved before the Assistant
Collector Ist Grade, Gurgaon for partition of land measuring 43 kanals 18
marlas situated in Village Babupur in District ... case, may not be as a general rule, one
application to partition the land situated in two different
villages is competent. Since respondent
defendants opposed the suit and stated that they
never agreed to partition the land in dispute prior to the execution of
the sale deed ... performed their part of
the agreement, in the absence of partition of land. In such
circumstances, the remedy for the plaintiffs was only to seek
