GURPREET SINGH Vs. GURDEV KAUR

JUDGEMENT

(1.) THE present is a revision petition filed under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 17.9.2002 passed by the Commissioner Jalandhar Division, Jalandhar, and order dated 16.12.2002 passed by the Collector, Phillaur, regarding sanctioning of the mutation No. 10545 of village Dosanjh Kalan, pertaining to inheritance of deceased Charan Singh.

(2.) THE brief facts of the case are that, one Chanan Singh of village Dosanjh Kalan, Tehsil Phillaur, District Jalandhar died on 7.11.2000 and mutation of his inheritance was entered on 8.11.2000 in favour of his five daughters, in equal share, on the basis of natural succession and the AC-2nd Grade, Phillaur, sanctioned mutation on 16.11.2000. Aggrieved by this order the petitioners filed an appeal before Collector, Phillaur, on the ground that the mutation be sanctioned on the basis of registered Will dated 11.9.2000 executed by Chanan Singh in favour of the petitioners. The Collector, Phillaur, accepted the appeal vide his order dated 11.9.2000 in favour of three petitioners. Not satisfied with the order of Collector, Phillaur, respondents filed an appeal before Commissioner, Jalandhar Division, Jalandhar and the Commissioner vide his order dated 23.1.2002 accepted the appeal and set aside the order dated 26.6.2001 passed by the Collector, Phillaur, and remanded the case back to Collector, Phillaur, with the direction that the Collector should decide the case afresh after hearing both the parties.

(3.) I have heard the learned counsel for both the parties and have also perused the record minutely. The counsel for petitioners has submitted that Chanan Singh was residing with the family of the petitioners and because of love and affection and service rendered he executed a registered Will dated 11.9.2000 in favour of petitioners; that the name of Chanan Singh was also recorded in Ration Card along with the name of the petitioners and members of their family and in the voter list of 1999 of Village Dosanjh Kalan name of Chanan Singh was mentioned at serial No. 291-93; that Pritam Das, lambardar of Village Dosanjh Kalan had appeared before the Collector, Phillaur, and made a statement that Chanan Singh had executed the Will in favour of the petitioners and he was the attesting witness to the Will; that the statement of Mohinder Singh, Document Writer was also recorded, which also proved the due execution of the Will; that on the basis of registered Will the revenue authorities were duty bound to sanction mutation and the revenue authorities could not go into intricate questions of fact and law. While submitting his arguments, the counsel for petitioner relied upon judgment of Hon'ble Supreme Court reported as 2004(1) RCR(Civil) 825 to the effect that the law require only one of the attesting witnesses to be examined to prove the due execution of the Will and examining the second attesting witness is not necessary. The Ld. counsel for petitioner has further submitted that the mutation proceedings being summary in nature, the revenue authorities are not required to go into the intricate question of fact and law and revenue authorities should give affect to a registered document and in support of this contention he relied upon the judgment of Division Bench of Hon'ble Punjab and Haryana High Court 1993(3) RRR 174.