CHHOTI DEVI Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioner herein was married to Shri Sardar Singh. The petitioner is issueless. Her husband Shri Sardar Singh, when this marriage with petitioner was still subsisting, married to one Smt. Gindori, widow of Shri Mange. Shri Mange was real brother of Shri Sardar Singh. Out of this marriage between Shri Sardar Singh and Smt.Gindori, three children were born, viz., Respondents 3 and 4 as well as father of respondents 5 and 6 late Shri Ranbir Singh. Shri Sardar Singh died in the year 1979. He was Bhumidar of the land in dispute bearing Khasra No.132 (2-2), 79 (0-6), 6/15 (0-11) and 16 min. (0-9) comprised in Khata No.144 situated at Village Bamnoli, Delhi (hereinafter referred to as the `suit land'). On the death of Shri Sardar Singh, suit land was mutated in the name of the petitioner and three children of late Sardar Singh, namely, respondents 3, 4 and Shri Ranbir Singh in equal shares vide mutation order dated 19.10.79 passed by Naib Tehsildar (Palam). Proceedings recorded while passing this mutation order are as under:

(2.) The petitioner claims that she has been in cultivatory possession of the suit land since then. However, after a period of 19 years, the respondents 3 to 6 filed appeal against the aforesaid mutation order under Section 64 of the Delhi Land Revenue Act. The petitioner contested the appeal on various grounds including on the ground that this appeal was clearly time barred. The Appellate Authority, Additional Collector (SW) Delhi/respondent no.2 after hearing the parties passed order dated 27.8.1999. He not only allowed the appeal and condoned the delay in filing the appeal but set-aside mutation order dated 19.10.1979 as well holding that the mutation order was void and illegal. His decision to condone the delay was supported by following reasons:

(3.) Holding that mutation order was null and void, learned Appellate Authority observed as under: