SATBIR SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The petitioners are challenging the legality and validity of order dated 06.12.2016 passed by the Ld. Financial Commissioner in Case No. 184/2012.

(2.) Facts on record shows that one Dalel Singh S/o Ghisa Ram was recorded Bhumidar in respect of land forming part of Khasra No. 75/3/2(1-15), 4/1(1-8) and 4/2(3-08) measuring approximately 6 Bighas and 11 Biswas in total, situated within the revenue estate of village Dhansa, Delhi. He was unmarried and was uncle of present petitioners. Dalel Singh executed a Will dated 30.10.1984 in favour of present petitioners. Dalel Singh died on 01.05.1994. Thereafter, it is stated, both the petitioners moved an application before Tehsildar for mutation of the aforesaid land on the basis of the said registered Will. The Tehsildar instead of giving effect to said registered Will, told petitioners to file application alongwith death certificate. Tehsildar despite having knowledge of the registered will dated 30.10.1984, later mutated the land in question at the back of the petitioners in favour of Sh. Om Prakash (Respondent No.4 herein) vide order dated 31.05.1994.

(3.) The Petitioners aggrieved from the said mutation order preferred an appeal before the Ld. Additional Collector. The Ld. Additional Collector after hearing the parties set aside the order passed by the Tehsildar dated 31.05.1994 and remanded back matter to Sub Divisional Magistrate/Revenue Assistant for a de-novo trial vide order dated 13.03.1996. It seems during the pendency of the trial by SDM/RA, petitioner herein filed Civil suit for partition in Suit No. 113/02 against Respondent No.4 The said suit was dismissed on 17.03.2003. Subsequently, Respondent No.4 too filed another suit, Suit No. 247/2010 against the petitioners for declaration of Will as null and void, same was dismissed by the Ld. Civil Judge vide order dated 02.02.2011. Aggrieved from the order dated 02.02.2011, Respondent No.4 preferred appeal, same was dismissed by the Ld. Senior Civil Judge vide order dated 06.08.2011.