GURDEV SINGH Vs. PREM SINGH

JUDGEMENT

(1.) THIS is revision petition filed under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 15.1.2003 passed by the Commissioner (Appeals), Jalandhar Division, Jalandhar. This case pertains to mutation No. 2757 in village Johal, Tehsil Phillaur, Distt. Jalandhar pertaining to inheritance of Faqir Singh s/o Bhagwan Singh. The petitioner has claimed that Faqir Singh who is the owner of the land sought to be mutated, may be presumed to have died, has not been heard for over seven years and therefore, his property be mutated in favour of his natural heirs. Although the petitioner has claimed that Sh. Faqir Singh may be presumed to be died, the respondents have produced General Power of Attorney (GPA) executed in favour of Mehnga Singh on 12.1.1994. The GPA was registered on 28.1.1994 and on the basis of which Mehnga Singh sold pieces of land belonging to Faqir Singh on 15.5.95, 12.5.95 and 12.4.95.

(2.) I have considered arguments put forth by both the counsels and examined the record. In the present case, the presumed death of Faqir Singh is the central question. The fact that Faqir Singh had executed GPA in 1994 which was not contested by any party and use of this GPA was made without protest from any person proves that he was alive atleast on 1994. Therefore, the argument that he has not been heard more than 50 years does not hold water. Unless and until the lower Courts are able to prove beyond shadow of doubt that a person is not longer alive they should have not exercised their jurisdiction in mutating his land in favour of any heirs. The revision petition is, therefore, dismissed and Faqir Singh should continue to be shown as owner in the revenue record. The revision petition is hereby dismissed. Announced. Petition dismissed.