LAWS(P&H)-2007-10-77

DHARAM SINGH Vs. KULDIP SINGH

Decided On October 01, 2007
DHARAM SINGH Appellant
V/S
KULDIP SINGH Respondents

JUDGEMENT

(1.) THE revision petition has been filed under section 16 of the Punjab Land Revenue Act, 1997, against the order dated 22.9.2004, passed by the Commissioner, Jalandhar Division, Jalandhar, vide which he dismissed the appeal filed by the respondent Nos. 1-2 (Kuldip Singh and Ranjit Singh) against the order dated 31.5.2001, passed by the SDM-cum-Collector, Amritsar-II.

(2.) BRIEF facts of the case are that mutation No. 2115 of village Kamboj, Tehsil and Distt. Amritsar, was entered by the Patwari circle on the basis of family partition, dated 22.2.84 and the same was sanctioned by A.C.II Grade, Amritsar-II, vide order dated 20.6.94.

(3.) RESPONDENT Nos. 1 and 2, Kuldip Singh and Ranjit Singh filed an appeal before the Commissioner, Jalandhar, mainly on the grounds that the lower court erred in accepting the hopelessly time barred appeal without condoning the delay; entries regarding the mutation were entered in the latest jamabandi and such entries could be rectified by civil court only and written document dated 22.2.84 regarding family partition was wrongly ignored. The Commissioner came to the conclusion that the document on the basis of which the mutation had been sanctioned by the AC-II has been proved to be forged and fabricated therefore the Collector was right in accepting the appeal and dismissed the same, vide order dated 22.9.2004. Hence, the present revision petition by Dharam Singh and others.