JEETO Vs. AMAR KAUR

JUDGEMENT

(1.) THIS revision petition has been filed under Section 16 of the Punjab Land Revenue Act, 1887 against the order dated 10.9.2003 of the Commissioner, Jalandhar Division, Jalandhar with respect to sanction of mutation No. 417 of village Chahar Majra, Tehsil and District Nawanshahr.

(2.) BRIEF facts of the case are that mutation No. 417 of village Chahar Majra, Tehsil and District Nawanshahr pertains to the estate of Inder of village Chahar Majra who died on 31.10.1971. Inder had two sons namely Sadhu Ram and Lehmbr Ram who expired in 1999 and 1996 respectively. Petitioner No. 1 Jeeto is the daughter of Inder. Assistant Collector Ist Grade sanctioned the mutation No. 417 which was entered on 9.4.2002 i.e. nearly 30 years after the death of Inder on the basis of an unregistered Will dated 14.10.1971. The mutation had been made by the Assistant Collector Ist Grade vide his order dated 9.4.2002 in favour of Sadhu Ram and Lehmbr Ram both sons of Inder in equal shares. This order was challenged by Smt. Jeeto daughter of Inder along with others in appeal before the Additional Deputy Commissioner-cum-Collector, Nawanshahr who dismissed the appeal vide his order dated 28.11.2002. This order was challenged in the revision petition before the Commissioner (Appeals), Jalandhar Division, Jalandhar who dismissed the revision petition vide his orders dated 10.9.2003. The present revision petition has been filed against the aforementioned order dated 10.9.2003 of Commissioner (Appeals), Jalandhar Division, Jalandhar.

(3.) LEARNED counsel for the petitioners pleaded that un-registered Will on the basis of which mutation was sanctioned is a suspicious document because the property as per this Will has been distributed adverse to the claims of class-I natural heirs of deceased. Moreover, the property in the two villages namely Salimpur Chahar Majra has been distributed in different manner. It is relevant to mention that the revenue authorities had earlier sanctioned mutation No. 260 of village Salimpur on the basis of unregistered Will dated 14.10.1971. Learned counsel for the petitioners contended that suspicion had been created because the respondents were silent for 25 years and thereafter have moved to get the mutation sanctioned in respect of land at Chahar Majra. Moreover, the original Will has not been produced before the revenue authorities in the present mutation and only a photo copy has been produced. It was further mentioned on behalf of the revision petitioners that the original Will have not been located though it was stated to have been attached with the mutation papers of village Salimpur and only a certified photo copy of the entry in the register of deed writer regarding inclusion of the said Will has been prepared by the first party. Above all, it was mentioned that since a civil suit regarding Will is pending with respect to Salimpur mutation, therefore, mutation should not have been sanctioned.