RAMESH KUMAR Vs. HARBHAGWAN

JUDGEMENT

(1.) THIS is a revision petition under section 16 of the Punjab Land Revenue Act, 1887 for setting aside the orders dated 21.9.90 and dated 20.10.1993 passed by the Collector (SDO, Civil) Hisar and the Commissioner, Hisar Division respectively; and for restoration of order dated 31.1.90 passed by the Assistant Collector regarding sanctioning of mutation No. 1253 in respect of the land measuring 68 kanals and 16 marlas situated in village Mangali Jhara, Tehsil and District Hisar.

(2.) FACTS of the case are that Ramesh Kumar, present petitioner got the mutation No. 1253, sanctioned in his name vide order dated 31.1.90 of the Assistant Collector, IInd Grade; Hisar, in respect of 68 kanals and 16 marlas land comprising in khasra Nos. 44//18(8-0), 19(8-0), 20(8-0), 21(8-0), 22(8- 0), 23(8-0), 50//1(8-0), 51//6(7-8), 15/1(3-3), 93//3/1(2-0) situated in village Mangali Jhara, Tehsil and District Hisar on the basis of a registered Will dated 27.6.1967 of Smt. Baggo Bai d/o Mangha Ram, to have allegedly died on 9.1.90. Present respondent Harbhagwan then filed an appeal against the order dated 31.1.90 of the Assistant Collector, IInd Grade, in the Court of Collector, Hisar on the ground that his father Mangha Ram vide a registered Will dated 20.4.63 had given the land under dispute to his daughter Baggo Bai (i.e. d/o Manga Ram) with the condition that the same would return back to the respondent Harbhagwan s/o Mangha Ram and brother of Baggo Bai after her death and she would have no right of transferring the land; that when Baggo Bai died on 9.1.90, the petitioner Ramesh Kumar got the mutation in respect of the land sanctioned in his favour by producing fictitious Will dated 27.6.87, vide order dated 31.1.90 of the Assistant Collector, IInd Grade; whereas the land should have been mutated in his (Harbhagwan's) name in view of the registered Will dated 20.4.1963. The Collector Hisar then heard the parties and after studying the record found that in a suit filed by six heirs of Mangha Ram, decided on 22.5.1972 Smt. Baggo Bai had admitted the right of the respondent Harbhagwan on the land in view of the registered Will dated 20.4.1963; hence finding the respondent to be a necessary party who had not been given opportunity of hearing before the Assistant Collector, IInd Grade, while sanctioning the mutation in the name of the petitioner, remanded the case to the Assistant Collector, IInd Grade, Hisar vide his order dated 21.9.90 for a fresh decision after hearing both the parties and recording the evidence. The petitioner Ramesh Kumar aggrieved by the order of the Collector dated 21.9.90 filed an appeal before the Commissioner, Hisar Division who dismissed the appeal on merits vide his order dated 20.10.93. Aggrieved by this order the petitioner Ramesh Kumar filed the present revision petition before this Court.

(3.) ON the other hand counsel for the respondent has drawn my attention to the plaint before civil Court District Hisar (Para 5) filed on 26.4.1972 on the basis of which a civil Court decree dated 22.5.72 was issued on the family settlement. The counsel for the petitioner has produced a copy of civil Court decree/judgment dated 22.5.1972 and has prayed for decision as per the family settlement reached therein. The decree/judgment dated 22.5.72 states that Baggo Bai held life interest as per plaint/family settlement. The counsel states that in case she has life interest in the land, she cannot transfer the ownership of land by making a Will.