Distribution of property
salman ahmad
(Querist) 28 January 2012
This query is : Resolved
Dear Expert, please find the below query and also the attachment
Respected Sir,
First of all I thanks you all “ Expert” for your valuable advice through this portal. I am immensely in need of your valuable advice for myself this time, facts are below :--
1) We have filed the Original suit in 1982( i.e. 55/82) regarding partition of property, Preliminary decree decided in Nov.1998 to divide the property among Plaintiff( myself),defd 1, defd 2, defd 3 in ratio of ¼th (25%) of total property respectively.
2) Again we have filed the Final decree suit in 2001 (i.e. 21/2001) for final distribution, accordingly court has appointed the Amin( Commissioner) to survey the property and accordingly made the kurra( Lots).
3) Under his report Amin has not only made lot but also the mentioned name of stakeholer against the lot i.e lot no. 1 belongs to plaintiff, lot no. 2 to defd 2 etc.
My question is whether it is under the purview of Amin to name the lot among the stakeholder or he should made the equal lot before the court and now court has to decide on the basis of feasibility to distribute among the stakeholder. Has not the Amin transgressed his power by naming it among the stakeholder, How to counter it???
4) Upto Amin inspection of property, no notice was served upon the Defd. No. 3 (actually he had not present since the final decree suit filed in 2001) and Amin has not sought direction from the court what to do in this regard to serve the notice upon defd. No 3(no notice he has sent on his address in other district), he only mentioned in his report that Defd no.3 or nor his representative has found on the day of physical verification.
Later on during the suit after almost 2 year from the date of Amin ‘s report , court has ordered the notice against the defd. No. 3 to be published in News paper, after not turning up, court has passed the Ex- parte order against the defd. No.3.Is this is not ground of rejection of Amin report, I want the rejection of Amin report.
5) I myself (Plantiff) and living in the Western portion since 35 year(Before the original suit in 1982
), But Amin has proposed us in the Eastern portion of property Without considering the our living in the Western portion, Is there any law in this relation that a person living portion would be given preference over other?
6) On 24-01-2012, unfortunately court has accepted the Amin report, despite lot of our objection
I request you to help me to counter the order in appeal by citing the judgment or provision of law, thank in Advance to all of you.
With Regards
Salman Ahmad
(Bcom, LLB)
Nadeem Qureshi
(Expert) 28 January 2012
Dear Salman
where is the attachment?
Raj Kumar Makkad
(Expert) 28 January 2012
If the report of Amin has been accepted despite of your strong objection then file a civil revision against the order. As no notice was given to defendant no. 3 by Amin and even court had desired his presence by paper publication and later on declared him ex-parte. This is the strong ground that prior to making/declaring defendant no. 3, the report of Amin could not have been sought and opportunity of hearing to defendant no. 3 has not been provided.
It shall be better for you to ensure intervention by defendant no. 3 in the whole matter so that the matter may be re-opened and your immense desire may be fulfilled by that way.
salman ahmad
(Querist) 29 January 2012
Dear Experts,
Thanks for prompt reply, in regard to the attachment, it was failed to attached herewith then i wrote entire matter here.
If any case where it was established that person living portion would be given prefrence like that .
Regards
