LAKHA SINGH Vs. BACHNI

JUDGEMENT

(1.) THIS is an appeal u/s 13 of the Punjab Land Revenue Act, 1887 seeking to set aside the order dated 7.11.1989 of the Commissioner (Appeals), Jalandhar Division, Jalandhar, in mutation No. 176 of village Momanwal, H.B. No. 77, tehsil Batala.

(2.) KABUL Singh etc. co-sharers, through their Mukhitar-e-Aam Amrik Singh, sold land measuring 34 K/12 m comprised in Khasra Nos. 10//4(8-0), 12//18/2 (2-15), 9 (7-7), 20 (2-8), 22/1 (3-11), 7//17 (6-19), 6//11/2 (3-12), Khata 16, Khatauni Nos. 26 to 30 as per jamabandi for the year 1970-71, for Rs. 12000/- to Bachni, present respondent through registered sale deed No. 5576 dated 22.2.1974. Thereafter they resiled from the sale and filed suit for declaration that they are owners in possession through their tenants Moti s/o Buta (husband of Bachni) of 1/5th share i.e. and measuring 23 k 4-1/5 m out of land measuring 116 k 1 m bearing Khasra Nos. 6//20, 7//15, 6//11/1, 12, 19/2, 7//14, 24, 25, 10//4, 11/1, 61, 71, 70, 6// 11/2, 21, 7//8, 1/0//5, 12//18/2, 19, 20 min, 21/1, 7//26, 7//16, Khewat Nos. 16 and 17, Khatauni Nos. 21 to 32, as per jamabandi for the year 1970-71. The Sub Judge Ist Class, Batala vide order dated 14.8.1978 dismissed the suit (Civil Suit No. 153 of 1977 Date of Institution 30.3.1977).

(3.) BACHNI 's appeal against this order was filed 39 days late. The Commissioner (Appeals), Jalandhar Division, condoned the delay. She held that the Collector had no jurisdiction to curtail the effect of the registered sale deed. Until the registered sale deed is annulled or rejected by the civil court, the Revenue Officers are bound to treat the registered sale deed as valid. Accordingly she set aside the order of the Collector and upheld the order of the Assistant Collector Ist Grade. Hence this petition.