OM PRAKASH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THIS intra-court appeal impugns the judgment dated 28.11.2011 of the learned Single Judge dismissing W.P.(C) No.18884/2006 preferred by the three appellants. The said writ petition was preferred impugning the order dated 31.08.2006 of the Financial Commissioner dismissing the Second Appeal preferred by the appellants under Section 66 of the Delhi Land Revenue Act, 1954 (Revenue Act) against the order dated 26.07.2004 of the Deputy Commissioner (West), Delhi allowing the First Appeal under Section 65 of the Revenue Act preferred by the respondents No.2 to 7 herein. The said First Appeal had been preferred by the respondents No.2 to 7 against the order dated 18.06.2003 of the Revenue Assistant (Punjabi Bagh) directing mutation of agricultural land, admeasuring 77 Bighas 13 Biswas in village Tikri Kalan, Delhi in the name of the appellants.

(2.) IT is not in dispute that the aforesaid agricultural land belonged to one Sh. Lachhman Singh who died on 31.08.1986. The three appellants are the sons of one daughter of the said Sh. Lachhman Singh and the respondents No.2 to 7 are the sons of the other two daughters of the said Sh. Lachhman Singh.

(3.) THOUGH , it was inter alia the plea of the respondents that the Revenue Assistant did not have the jurisdiction to look into the intricate questions of law like genuineness of a registered Will and a issue thereon was also framed but the Revenue Assistant held himself to be so having jurisdiction and directed the parties to present oral and documentary evidence. The Revenue Assistant, finally vide order dated 18.06.2003, on the basis of the oral and documentary evidence led before him, held the registered Will to be a genuine document and that there was nothing suspicious about it and accordingly gave effect to the Will by directing mutation of the land aforesaid in favour of the appellants.