ASHUPAM KAUR Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Present petition is filed challenging the order dated 15.12.2009 passed by the Divisional Commissioner, Patiala, whereby orders of the Assistant Collector, First Grade as well as the Collector, sanctioning mutation in favour of the petitioner were set aside.

(2.) Mr. Amarjit Markan, learned counsel, in all his fairness for which he is known in the Bar, has specifically stated that civil suits between the parties involving the question of inheritance, title and shares are pending adjudication in the Court of Civil Judge, Malerkotla and in the Court of Civil Judge, Ludhiana.

(3.) In the opinion of this Court, mutation does not confer any title; it is the source of title, which is to be seen; if parties are before the regular civil Court contesting their respective title, mutation proceeding looses its importance and any mutation done, shall always be subject to the final decision in a regular suit involving the question of title. Moreover, any decision in mutation proceeding will not be a Res-judicata in the pending civil suit involving question of title. Civil Court can always decide question of title in a pending suit on the basis of evidence, in accordance with law without being prejudiced by any finding recorded by the revenue authorities in summary proceeding of mutation.