"One of the controversies raised before the Prescribed Authority was whether there was a partition of the khata in dispute between the petitioner and his other co-sharers as a result of which his share was reduced. The Prescribed Authority did not accept the objection as there was no evidence before him in support of the plea that there was no evidence before him in support of the plea that there was partition between the cosharers. Before the Appellate Authority the petitioner filed copies of the order passed by the Assistant Consolidation Officer and the copy of Form CH-23 showing that during consolidation operation the share of the petitioner was partitioned and determined. The appellate authority admitted these documents but dismissed the appeal, as according to him, the partition was made after due date by the consolidation authorities. A certified copy of the order passed by the Assistant Consolidation Officer, has been filed as Annexure-3 to the writ petition, from which it is clear that the partition was made on 15th September, 1970 i.e. prior to 24th January, 1971. The observation, therefore, of the District Judge that the partition was made after the prescribed date was incorrect. He was further wrong in ignoring the partition deed only because it was made by the consolidation authorities. The partition made before the consolidation authorities or before any competent authority is valid and binding unless it is found that it was made with a purpose to defeat the purpose of Ceiling Act. As the Additional District Judge has proceeded on a misapprehension his order cannot be maintained."
