DALIP KAUR Vs. GURDIAL KAUR MARRO

JUDGEMENT

(1.) The present is a revision petition under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 22.5.1995, passed by the Commissioner (Appeals), Patiala Division, Patiala, in a case of mutation regarding inheritance.

(2.) THE brief facts of this case are, that, mutation No. 6779 of village Tulewal, Tehsil and District Sangrur, regarding the inheritance of Chand Singh S/o Dewan Singh, was entered by the halqa patwari, in the name of Gurdial Kaur alias Marro D/o the deceased-Chand Singh, at the instance of Gurdial Kaur, on the basis of the registered Will dated 11.10.1979, propounded by her. Chand Singh had died on 15.7.1990 and as per the 'Sajra Nasab' drawn on the back of the mutation sheet, he was survived by two daughters, namely, Dalip Kaur and Gurdial Kaur alias Marro. The A.C. 2nd Grade, Longowal, vide his order dated 26.10.1990, had sanctioned this mutation in favour of Gurdial Kaur on the basis of the registered Will. Against this order, Dalip Kaur, second daughter of Chand Singh, had filed an appeal before the Collector, Sub-Division, Sangrur, who, vide his order dated 22.7.1991, had accepted the appeal and had remanded the case to the A.C. 2nd Grade, Longowal, for deciding the same afresh, after listening both the sides. Before the A.C. 2nd Grade, Longowal, Dalip Kaur had propounded an un-registered Will dated 12.1.1988, and, had objected to the sanctioning of the mutation on the basis of the registered Will. As a contested mutation, this was taken up by the A.C. Ist Grade (Executive Magistrate), Sangrur, who, after listening to both the sides had sanctioned this mutation on the basis of the un-registered Will dated 12.1.1988, in favour of Dalip Kaur and Gurdial Kaur, in equal shares, vide her order dated 23.4.1992. Aggrieved by this order, Gurdial Kaur had filed an appeal before the District Collector, Sangrur, which was accepted with a direction to sanction the mutation on the basis of the registered Will, by setting aside the order dated 23.4.1992, passed by the A.C. Ist Grade, vide his order dated 21.1.1993. Against this order, Dalip Kaur had filed an appeal before the Commissioner (Appeals), Patiala Division, Patiala, which was rejected vide order dated 22.5.1995. The present revision petition dated 4.10.1995, is directed against this order.

(3.) IN the present case, the un-registered Will dated 12.1.1988 propounded by Dalip Kaur, is no doubt the latest Will of the deceased-Chand Singh, his earlier registered Will being dated 11.10.1979, but, the un-registered Will is surrounded by a number of suspicious circumstances, which do not inspire confidence about the genuineness of this document. Chand Singh had reportedly died on 15.7.1990, but the un-registered Will had never seen the light of the day till it was produced by Dalip Kaur before the A.C. 2nd Grade, Longowal, when the case was received by him on remand, with the orders of the Collector, Sub-Division, Sangrur, dated 22.7.1991; whereas, the mutation No. 6779 was entered by the halqua patwari on 23.9.1990, at the instance of Gurdial Kaur, who had propounded the registered Will in her favour. No explanation is forthcoming from the record, as to why, Dalip Kaur had not produced this Will earlier before the Revenue functionaries for getting the mutation sanctioned on its basis.