(1.) This petition is filed by the legal heirs of Hatti Ram to challenge the order of the Financial Commissioner dated 18.05.2017 by which revision petition filed by Maha Singh respondent No.4 has been allowed.
(2.) The facts given to me in Court are that the property in dispute is 8 kanals, falling in Killa No.8//6/2/1, situated in Village Samaspur Tehsil and District Gurgaon. Respondent No.4 filed a civil suit for declaration claiming himself to be the owner in possession of a particular share of the land in question. The said suit was filed against his father Hatti Ram and was decreed on 10.01.1996. Maha Singh respondent No.4 filed an application to the Tehsildar Halqa Patwari for making an entry in the register of mutations of his acquiring the right in the land in question. After making necessary entry, the Halqa Patwali placed the case before the Assistant Collector 2nd Grade for the purpose of sanction. The mutation was sanctioned on 11.05.1999.
(3.) The decree passed in civil suit on 10.01.1996 was challenged by Hatti Ram by filing another suit bearing No.390 of 2007. During the pendency of the suit, the Assistant Collector Ist Grade passed an order of review (Nazarsani) of the earlier mutation sanctioned on 11.05.1999. Aggrieved against that order application was filed which was dismissed by the Collector. During the pendency of the revision, the suit filed by Hatti Singh was dismissed. However, his first appeal was pending. The Commissioner had found that other co-sharers, had also filed suits for declaration which were pending at that time and thus the revision was allowed.