C.W.P. No.4275 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.4275 of 1992 Date of Decision : 27.04.2011 Shri Ram Gopal Sharma and others …Petitioners Versus Sushma Kaushik and others …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. R.P. Singh, Advocate for the petitioners. *** AJAY TEWARI, J. (ORAL) This petition has been filed challenging the order of partition which was passed by the Assistant Collector and upheld by the Collector, Commissioner and the Financial Commissioner. The present is a classic case where the petitioners have tried their level best-and more-to thwart the interest of the daughters of their uncle who were co-sharers in the land. As per the original mode of partition the possession of the land which was already with the parties was to be protected. In fact one of the grounds taken in the petition is that some portions of the land which were in the C.W.P. No.4275 of 1992 -2- possession of the petitioners have not been allotted to them. This fact has been explained from the well considered judgment passed by the authorities by mentioning that as far as possible the possession has been protected but where the shortfall has to be made good this principle has to be adopted. I find no reason to reject this view. The second point taken is that as per mode of partition a tubewell which was installed by the party would be allotted to that party. As per learned counsel for the petitioners a tubewell had been installed in Khasra No.42//12 by the petitioners for which credit has not been given. This has also been explained by the authorities below by stating that this tubewell was installed after the initiation of partition proceedings and without the concurrence of the respondents No.1 and 2. Thus no credit could be given to the petitioners for the same. I find no reason to reject this view also. No other point has been raised. Consequently, this petition is dismissed. ( AJAY TEWARI ) April 27, 2011 JUDGE ashish