JASBIR KAUR Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) THIS is a revision petition, under Section 16 of the Punjab Land Revenue Act, 1887, against order dated 20.10.2005 passed by the Commissioner, Jalandhar Division, Jalandhar.

(2.) THE brief facts of this case are, that, mutation No. 8466 of village Nadala, Tehsil Bholath, District Kapurthala, regarding inheritance of deceased, Kashmir Singh son of Tek Singh, was entered on the basis of unregistered Will dated 10.9.1999. Being contested it was forwarded to AC 1st (SDM), Bholath for decision, but later on, an application from one party, the case was transferred to AC 1st (SDM) Kapurthala for decision. Kashmir Singh, deceased executed two unregistered Wills, one dated 10.9.1999 in favour of his son Harbhajan Singh alone and the other unregistered Will dated 30.6.2001 in favour of Harbhajan Singh (son), Jasbir Kaur (daughter) and Ninder Kaur (wife) in equal share. After hearing both the parties, the AC 1st Kapurthala, vide his order dated 25.2.2003 held the unregistered Will dated 10.9.1999 as a genuine and valid document and sanctioned mutation, in question, in favour of Harbhajan Singh (deceased). Aggrieved by this order, Jasbir Kaur filed an appeal before Collector, Kapurthala, and the Collector, Kapurthala vide his order dated 22.7.2003 accepted the appeal and set aside the order of AC 1st dated 25.2.2003 and sanctioned the mutation in favour of all natural heirs of Kashmir Singh. Not satisfied by this order Harbhajan Singh deceased through LRs, filed an appeal before Commissioner, Jalandhar Division, Jalandhar who, vide his order dated 20.10.2005 accepted the same and set aside the order dated 22.7.2003 passed by Collector, Kapurthala and upheld the order dated 25.2.2003 passed by the AC 1st Grade, Kapurthala. Still aggrieved, the petitioner has filed the present revision petition.