KULWANT SINGH Vs. JASWINDER SINGH

JUDGEMENT

(1.) THIS revision petition is under Section 16 of the Punjab Land Revenue Act 1887 against the order dated 28.10.2003 passed by the Commissioner, Jalandhar Division, Jalandhar.

(2.) THE brief facts of this case are that Kartar Kaur wd/o Bishan Singh died on 25.12.96 leaving behind Sukhpal Singh, Gurcharan Singh, Kulwant Singh sons. Her daughter Kulwant Kaur predeceased her leaving behind Naveen Singh son and Binder Kaur daughter. Mutation No. 15030 of village Sultanwind sub-urban Amritsar, relating to inheritance of Kartar Kaur was entered by the Patwari circle and the same was sanctioned by the A.C.II, Amritsar-I, on the basis of natural succession in favour of all the legal heirs, vide order dated 8.7.97. Jaswinder Singh, respondent No. 1 S/o Sukhpal Singh s/o Kartar Kaur, filed an appeal before the SDM-cum-Collector. Amritsar-I, pleading that the deceased had executed a registered Will dated 25.1.95 in his favour, but lower court has not given any opportunity to produce the same. The Collector, accepted the appeal, declared the mutation contested and remanded the case to A.C.I vide order dated 6.3.98. On remand, the A.C.I (SDM) after hearing the parties and going through the record, discarded the Will and sanctioned the mutation in favour of all the legal heirs on the basis of natural succession, vide order dated 2.11.99.

(3.) AGGRIEVED Jaswinder Singh filed revision petition before the Commissioner, Jalandhar Division Jalandhar, who accepted the revision petition, set aside the order of lower courts and remanded the case to SDM-cum-A.C.I, for fresh decision after giving full opportunity to the parties to produce their evidence de novo and then pass a speaking order, vide order dated 28.10.2003. Hence the revision petition.