JASBIR KAUR Vs. FINANCIAL COMMISSIONER APPEALS

JUDGEMENT

(1.) The petitioners are seeking to quash the orders of the respondents passed under the Punjab Land Reforms Act, 1972.

(2.) The facts leading to the filing of these writ petition's may briefly be sum -marised as follows

(3.) The main contention of the learned counsel for the petitioners is that. Sant Kaur, the original landowner died on 3.2.1980 and during her life time, she executed a registered Will in favour of the grand -sons and that the registered sale deeds of the year 1972 cannot be ignored simply because they were executed in favour of the grand -daughters of the landowner. It is for the authorities to see whether they are real transactions or not and whether the consideration was paid to the vendor under registered sale deeds. It is further contended by the learned counsel for the petitioners that Sant Kaur died during the pendency of the proceedings before the Collector after remand of the matter and therefore the surplus area has to be determined in the hands of the legal heirs of the original landowner and when the property was inherited by the grand -sons of the original owner under a registered Will, the same has to be given effect to and the surplus area has to be determined in the hands of the legatees under law. and though this point was taken before the authorities below, the same was not dealt with. Therefore, the impugned orders are liable to be set aside.