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Appellate Side No. 6.9 of 1956‑57, decided on 12th December 1957, District Multan.
S. 13‑--Appeal not preferred from order sanctioning mode of partition‑Revision entertained by Commissioner who remanded case‑Order upheld by Board.
S. 116---Plea of private partition--‑Question of title to be decided under S. 117.
Hussain Muhammad Naqvi for Petitioners.
Muhammad Akram for Respondent.
The petitioners and respondent purchased certain Crown land in Chak No. 358/W.B., Tehsil Lodhran, District Multan in auction in the year 1940. Proprietary rights of the land in question were secured in 1945 and the petitioners applied to the Collector, Nili Bar Colony on 6‑5‑55 for the partition of the land. The Assistant Collector 1st Grade sanctioned the mode of partition on 2‑2‑56. No appeal was lodged against this order but the respondent preferred a revision petition before the Additional Commissioner (Revenue) Multan, who by his order dated 5‑7‑57 set aside the order of the Assistant Collector 2nd Grade and remanded the case for fresh disposal on the ground that since the respondent had raised the plea that private partition had taken place between the parties this amounted to a question of title within the meaning of Section 116 of the Land Revenue Act and instead of proceeding with the 'partition proceedings the Revenue Officer should have proceeded to determine the question of title in accordance with law. It has been argued before me by the counsel for the petitioner that in fact no partition has taken place 1 between the parties. The plea having been taken by the res pondent that a partition had actually been effected, whether or not this had been done was a question of title, which should have been determined in accordance with Section 117 of the Land. Revenue Act and the instructions contained in Land Records Manual Paragraph 18.9. The Revenue Officer should proceed according to these instructions. I see no force in the revision petition and dismiss it.
A. H. Petition dismissed.
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