MAGHAR SINGH Vs. BACHAN KAUR

JUDGEMENT

(1.) . The present is a revision petition, under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 29.11.1996, passed by the Commissioner (Appeals), Patiala Division, Patiala, in a mutation case regarding inheritance of Gajjan Singh, resident of village Kalyan, Tehsil Malerkotla, District Sangrur.

(2.) BRIEF facts of this case are, that consequent upon the death of landlord Gajjan Singh, mutation No. 1728 of Village Pharwali, Tehsil Malerkotla, District Sangrur was entered by the Halqa Patwari on the basis of the registered Will dated 12.4.1990, propounded by Maghar Singh and Nishan Singh, claiming themselves to be the nephews of the deceased-Gajjan Singh. This mutation was contested by Bachan Kaur, widow of the deceased Gajjan Singh. The District Collector had ordered the transfer of this case to the court of the Assistant Collector, Ist Grade, Sunam, who, after considering the evidence led by both the sides had rejected this registered Will and had sanctioned this contested mutation in favour of Bachan Kaur widow, Nachhattar Kaur and Malkiat Kaur, daughters of the deceased, being natural heirs, as per his order dated 7.1.1992. Against this order, Maghar Singh etc. had filed the appeal before the Collector, Sangrur, by impleading Bachan Kaur, Nachhattar Kaur and Malkiat Kaur as respondents. This appeal was accepted by the District Collector, as per his order dated 12.11.1992, as per which he had set aside the order of Assistant Collector, Ist Grade, Sunam dated 7.1.1992, and had ordered the sanctioning of this mutation in favour of the appellants, on the basis of the registered Will. Aggrieved by this order, Bachan Kaur and her two daughters had filed the appeal before the Commissioner (Appeals), Patiala Division, Patiala, which was accepted as per the order of the Commissioner (Appeals), dated 29.11.1996, as per which, the order of the Collector was set aside and the order of the Assistant Collector, Ist Grade, Sunam, dated 7.1.1992, was upheld. Aggrieved by this order, Maghar Singh and Nishan Singh have preferred the present revision petition, on the grounds stated in the revision petition, dated 8.2.1997.

(3.) AFTER careful consideration of the facts and circumstances of the case and thorough perusal of the papers brought on the record, I am of the view, that the present petition has no merit and the same deserves to be rejected. It is true, that, as a rule of thumb, the Revenue Officers are expected to act upon the registered Wills, but, in those cases where the facts stated in the documents are at variance with the facts in the real life, the Revenue Officers are not bound to accept such documents as 'Gospel truth' and they are free to examine such documents from all possible facets and to come to their independent opinion and findings. In the instant case, the registered Will is highly suspicious; because, in this Will, the testator has not mentioned the true facts and has rather concealed them. It is an admitted fact that the deceased, Gajjan Singh, was survived by his widow Bachan Kaur and his two daughters, but the testator in his Will has stated, that, "he has no issue at all and there is no chance of getting any issue either". He has simply mentioned about his wife Bachan Kaur, and has expressed a wishful thinking that the legatees in the Will his nephews - will expectedly also serve Bachan Kaur after his death, with the same sincerity, as they have been serving him, during his life-time. The testator stating a lie, that he has no issue at all, is a very serious suspicious circumstance, which makes one feel that the Will was not actually executed by Gajjan Singh. Similarly, the testator did not mention, as to why he was ignoring his wife Bachan Kaur and his two daughters from his inheritance, and why he was preferring his two nephews. The narration in the Will, about the expected service to Bachan Kaur by the legatees, is a mere wishful thinking and is not a plausible explanation for ignoring Bachan Kaur, as this guarantees nothing about her maintenance, after the death of the testator.