AMRIK SINGH Vs. MANJIT SINGH

JUDGEMENT

(1.) TWO revision petitions referred above under Section 16 of the Punjab Land Revenue Act, 1887 have been filed against the orders of the Commissioner, Jalandhar Division (17.2.97) through which the Commissioner upheld the orders of the Collector (30.9.96). In brief, the facts of this case are that AC-I sanctioned Mutation Nos. 3226 and 3227 on the basis of two sale deeds executed by two landowners who were co-sharers in the joint holding with other landowners with regard to the land situated in village "Singh", Tehsil Jalandhar. The only point agitated by the counsel for the petitioner, before all the three courts, was that mutation could not be sanctioned unless the physical possession is delivered to the vendees.

(2.) THE contention of the respondents in this case was that the land in question belonged to 5 brothers jointly, out of which, two brothers sold their 1/5th share each through separate sale deeds and there is a recital in the sale deed that possession was delivered to the vendees. The respondents further submitted that being the co-owners in the joint holding, they were fully competent to dispose of their shares.

(3.) FEELING aggrieved against the order of the Collector the petitioner filed two revision petitions before the Commissioner who also upheld the findings recorded by AC-I and of the Collector. Feeling dissatisfied against the order of the Commissioner (17.2.97) the present revisions have been filed.