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yadav (owner)     03 December 2013

Challenging mutaion after land partition

Hi,

Land partition has been taken between Mr. A and B for 9 years in the lower court and finally Naksha B was prepared and both A and B agreed to naksha B thus signing and giving no objection to it, after that sanad takseem was prepared and posession was delivered to Mr. A  and subsequently mutation has been entered in revenue record during month of January ,in the month of June Mr. B filled case in front of financial commissioner stating that he was not aware of naksha B and he have not given his share on the road which is of more value.

Please help me for the following points:

Facts:

1. B has not been given land  on th road which is approching to a village and near to abadi or village

2. B has agreed to naksha B and signed the same thus giving his no objection to it.

3. B's  portion of land is within two acre (kila) and as per government notification land on main road is of Rs. 700000/- acre (within two acre or kila) thus B land is of more value than A ( whoes land value is of Rs. 450000/- as per government notification) inspite not loacating on road (there is small portionof third party land between main road and B portion of land.

 

Questions:

1. does financial commissioner has power or authority to review the partition since naksha, sanad taksheem ,possession and mutation has been completed.

2. although B is not given land on the road but his value of land is more than the A land value as per government notification, his request would be considered or not since not given land on the road.

3. does GIRDAVRI ( revenue record or jamabandi) has some relevance if A proves that B has been given land which is in his possession as per girdavari since 1964 if so under what rule or act.

4. under what rule or act finality of sanad taksheem should not be disturbed.

 

Thanks

 

A

 



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