LAWS(P&H)-2003-2-54

JOGINDER SINGH Vs. FINANCIAL COMMISSIONER REVENUE PUNJAB

Decided On February 05, 2003
JOGINDER SINGH Appellant
V/S
FINANCIAL COMMISSIONER REVENUE PUNJAB Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of Civil Writ Petition No. 351 of 1986 and the Regular Second Appeals No. 2385, 2395, 2396, 2401 and 2450 of 1993, which have been ordered to be heard along with aforesaid writ petition.

(2.) THE instant writ petition has been filed by the petitioners, who are beneficiaries of the Will dated 5.9.1962, alleged to have been executed by Smt. Chanan Kaur, under Articles 226/227 of the Constitution of India, for quashing of the order dated 25.11.1985 (Annexure P-6), passed by the Financial Commissioner, Revenue, Punjab, Chandigarh, vide which the orders dated 18.10.1982 and 19.12.1983, passed by the Collector as well as the Commissioner, respectively, were set aside.

(3.) THE Assistant Collector Ist Grade (hereinafter referred to as 'the AC Ist Grade') invited objections to the aforesaid two mutations sanctioned in favour of the petitioners. Both the parties led their evidence. After considering the evidence led by the parties and hearing the arguments, the AC Ist Grade found that the alleged Will dated 5.9.1962, relied upon by the petitioners, had not been proved according to law and the same was a forged document. In this regard, he recorded the following findings :