KARAM SINGH Vs. JOGINDER KAUR

JUDGEMENT

(1.) THIS revision petition is under Section 16 of the Punjab Land Revenue Act against the order dated 14.11.2005 of Commissioner, Jalandhar Division, Jalandhar.

(2.) THE brief facts of this case are that consequent upon the death of Bhajan Singh alias Harbhajan Singh s/o Mohan Singh, r/o village Liddar, Tehsil Baba Bakala, on 31.12.2003 mutation No. 1762 of Village Liddar Hadbast No. 15, Tehsil Baba Bakala was entered in favour of the present petitioners who are Nephews (Brother's sons) of the deceased, on the basis of unregistered Will dated 6.8.2000. The deceased Bhajan Singh alias Harbhajan Singh died issueless and his widow Joginder Kaur filed an application before the AC.II contesting the mutation. As such the mutation was sent to SDM-cum-ACI Baba Bakala. The present respondent Joginder Kaur widow of Harbhajan Singh contested the mutation mainly on the plea that the unregistered Will is forged and fabricated document and as such cannot be relied upon. The ACI however ignored the objections raised by present respondent Joginder Kaur and sanctioned the mutation in favour of the present petitioners in view of the unregistered Will. Aggrieved Joginder Kaur filed appeal before Collector, Amritsar who dismissed the same vide his orders dated 11.4.2005. Still aggrieved Joginder Kaur filed revision before the Commissioner, mainly on the plea that the present petitioners fabricated and manufactured the unregistered Will. The Will was scribed in tehsil complex but there is no explanation on the file as to why it was not got registered from the Sub Registrar, Baba Bakala. The expert opinion of handwriting expert has not been given due weightage and the Courts below did not give any finding on this point. The Commissioner, vide his order dated 14.11.2005 accepted the revision petition, set aside the orders of Collector and ACI and remanded the case to ACI Baba Bakala to decide the mutation afresh after affording an opportunity of hearing and evidence to the parties and also to verify the Will in question in terms of legal requirement and record his specific findings on each and every point agitated before him.

(3.) I have heard both the counsel and gone through the Will as well as orders of the lower Courts. It is settled law that the unregistered Wills are not to be given weightage if surrounded by suspicious circumstances. In the instant case there are sufficient reasons to believe that the unregistered Will is surrounded by suspicious circumstances. The Commissioner has therefore rightly remanded the case to ACI to see the genuineness of the Will after affording opportunity of hearing to both the parties to lead their evidence. No injustice has been caused to the present petitioners because they will be provided ample opportunity by the ACI to project and prove their cause. Therefore, I do not see any merit in the present revision petition and accordingly dismiss the same. Announced. Petition dismissed.