AJAIB SINGH Vs. ZORA SINGH

JUDGEMENT

(1.) . The present case has been reported by the Commissioner (Appeals), Patiala Division, Patiala, under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 11.2.1991, passed by the Sub- Divisional Collector, Malerkotla, in a case of mutation regarding transfer of ownership, with his recommendation, that, the order dated 11.2.91, passed by the Collector, as well as, the order dated 14.9.90, passed by the A.C. IInd Grade, Dhuri, be set aside and the case be remanded to the A.C. 1st Grade, Malerkotla for deciding the whole issue afresh, by treating the mutation as a contested mutation, as per his reference dated 31.1.97. The operative part of the reference reads as follows :-

(2.) THE brief facts of this case are, that, mutation No. 3239 of village Ranike, Tehsil Malerkotla, relating to the transfer of ownership of land, on the basis of the registered sale deed, effecting the change from the names of Sukhjevan Singh etc. in favour of Zora Singh, in respect of the land measuring 14 Kanal 10 Marlas, was sanctioned by the A.C. IInd Grade, Dhuri vide his order dated 14.9.90. Aggrieved by this order, Ajaib Singh had filed an appeal before the Collector, Malerkotla, which was rejected vide Collector's order dated 11th February, 1991; the operative part of which reads as follows :-

(3.) AFTER careful consideration of the facts and circumstances of the case, I am of the view, that, the present reference needs to be ignored and the revision petition merits to be rejected. The A.C. IInd Grade, Dhuri, had rightly sanctioned the mutation, on the basis of the registered sale deed, the execution of which was admitted on behalf of both the sides. The petitioner, Ajaib Singh has been shown as "tenant-at-Will (gair marusi)", in the column of cultivation and in the mutation order his status as such, has been kept intact. Being a "tenant-at- Will", Ajaib Singh had no locus standi to challenge the said mutation; more so, when his 'status' had not been disturbed.