AVTAR KAUR @ GURMIT KAUR Vs. GURDEV SINGH

JUDGEMENT

(1.) THIS is a petition under Section 16 of the Punjab Land Revenue Act, 1887, seeking to revise the order dated 4.2.1998 of the Commissioner, Ferozepur Division, Ferozepur, the order dated 30.9.1997 of the District Collector, Muktsar, and the order dated 28.4.1997 of the Assistant Collector Ist Grade Muktsar, in regard to Mutation No, 2608 of village Chak Khokhar, H.B. No. 70, Tehsil and District Muktsar.

(2.) BALWANT Singh died on 2.1.1993 aged about 90 years. Mutation of inheritance No. 2608 was entered on the basis of a registered Will dated 27.8.1974. The Will was executed when Balwant Singh was 70 years of age in favour of Gurdev Singh, son by the first wife. The beneficiary and the scribe deposed in support of the Will before the Assistant Collector Ist Grade. Neither of the attesting witnesses, Kartar Singh and Jit Singh was produced as they were allegedly inimical to Gurdev Singh. The Assistant Collector vide order dated 7.2.1995 ignored the Will as it had not been proved by an attesting witness. Moreover, the deceased had made no provision for his daughters who were then unmarried, or for his widow, which along with the failure to produce the attesting witnesses rendered the Will suspicious. He accordingly sanctioned the mutation on the basis of natural succession.

(3.) THE District Collector vide order dated 18.12.1996 while considering the application for summoning a handwriting expert, passed no order thereon. Instead he set aside the order dated 7.2.1995 of the Assistant Collector Ist Grade and remanded the case for fresh decision with the direction that the parties be allowed to lead evidence de novo. This amounted to review of the order dated 27.12.1995 of his predecessor without, indeed in blatant violation of, the order of the Revenue Officer to whom he was immediately subordinate, and hence illegal under Section 13 of the Act. Admittedly, the present petitioners filed no appeal or revision against the order dated 18.12.1996.