RATTAN SINGH Vs. BACHAN KAUR

JUDGEMENT

(1.) THE present is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887 against the order dated 1.4.1999 passed by the Additional Commissioner (Appeals), Patiala Division, Patiala in the matter of sanction of mutation.

(2.) THE brief facts of the case are that on the information given by Bachan Kaur d/o Darbara Singh and wife of Bachan Singh, resident of village Hassanpur, Tehsil Kharar, District Ropar, that her father Darbara Singh was not traceable for more than 20 years and could be presumed to be dead and therefore his land may be mutated in the names of his children, including the applicant. The Halqa Patwari entered the mutation No. 1684 of 'Ikhraj' for deleting the name of Darbara Singh, son of Sunder Singh, son of Pal Singh from the revenue record and substituting the name of his 5 children in his place in favour of his 2 sons, namely Rattan Singh and Ram Singh, and 3 daughters, namely Bachan Kaur, Surinder Kant and Mohinder Kaur in equal shares being the natural successors. The mutation was sanctioned by A.C. IInd Grade on 29.3.1994. Aggrieved by order of A.C. Ist Grade Kharar, Ram Singh, Rattan Singh and Surinder Kaur and others filed an appeal before the Collector and alleged that Darbara Singh was very much alive and no proof of death had been produced and the daughter Surinder Kaur stated that her father had met her a couple of years previously. After going through the record and hearing the parties, the Collector Kharar allowed the appeal and rejected the Mutation No. 1684 vide his order dated 4.9.1995.

(3.) STILL feeling aggrieved by the orders of Additional Commissioner, Patiala Division the petitioners have filed the present petition before this Court. I have heard the Counsel for both the parties and have also gone through the record of the lower Courts. Both the Counsel were also directed to file the written arguments in support of their contentions. The same were filed and are placed on record.