DALBARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in the present Letters Patent Appeal is to the order of the learned Single Judge dtd. 12/2/2020 passed in CWP No. 14420 of 2019, whereby petitioner's prayer for a share in the property of his father, has been rejected by observing that no relief can be granted to the petitioner/appellant unless and until the registered gift deed dtd. 27/5/2016 is set aside. However, the petitioner has been afforded the liberty to challenge the gift deed dtd. 27/5/2016 in accordance with the applicable legal provisions, if so advised and permitted by law.

(2.) Brief facts of the case are that a registered gift deed dtd. 27/5/2016 was executed by the father of the petitioner, namely, Bachan Singh in favour of his daughter-in-law Amarjit Kaur wife of Ranjit Singh and mutation No. 8934 was entered on 13/6/2016 on the basis of the said gift deed. The said gift deed was disputed by the appellant, claiming his share out of the ancestral property held by his father Bachan Singh. Consequently, the mutation was declared a contested mutation. On 14/9/2016, the said mutation was sanctioned after hearing the parties, as the said gift deed was found to be legal and valid. According to the appellant, a mercy appeal was filed by him, on which ex-parte order was passed by the Tehsildar, Payal, without hearing him. The appellant also filed a mercy appeal before the Deputy Commissioner, Ludhiana and Tehsildar-cum-Sub- Divisional Magistrate, Payal but no action was taken on the said appeals.

(3.) The appellant made complaints against the aforesaid mutation before various authorities. In compliance with the order dtd. 28/5/2019 passed by this Court in CWP No. 14420 of 2019, the Deputy Commissioner, Ludhiana was directed to get an enquiry conducted. Consequently, Tehsildar, Payal conducted the enquiry after verification of the revenue record of the Sub-Registrar, Payal and submitted affidavit dtd. 27/8/2019 in the Court, wherein he affirmed the factum of execution of gift deed by Bachan Singh in favor of his daughter-in-law Smt. Amarjit Kaur.