SUKHMANDER KAUR Vs. GURLABH SINGH

JUDGEMENT

(1.) The present case has been reported by the Commissioner, Faridkot Division, Faridkot under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 20.5.1996, passed by the District Collector, Faridkot, in mutation cases regarding inheritance, with his recommendation, that the order passed by the Collector, as well as, by the A.C. Ist Grade, Muktsar, be set aside, and the mutations be sanctioned in the names of natural heirs of the deceased, by ignoring the Will dated 20.6.1991, as per his reference dated 12.3.1997.

(2.) THE facts of this case are, that, mutations No. 460, 472, 1349, 1326 and 3082, pertaining to the Revenue Estate of Kotkapura Had Bast No. 129, Tehsil and Distt. Faridkot, regarding the inheritance of one Gurdev Singh S/o Chanan Singh, who had reportedly died on 1.2.1994, were entered by the Halqa patwari at the instance of the petitioners-Sukhmander Kaur etc., and, before the A.C. 2nd Grade, this mutation was contested by Kulwant Kaur, claiming herself to be a concubine, a mistress, a keep of the deceased-Gurdev Singh, by propounding a registered will dated 20.6.1991, in favour of Gurlabh Singh, whom she claimed as a son, allegedly born from out of the loins of Gurdev Singh; and the A.C. 2nd Grade had declared these mutations as contested and had referred to the A.C. Ist Grade, Faridkot. Later on, with the order of the District Collector, Faridkot, these mutations were transferred to the A.C. Ist Grade Muktsar.

(3.) THE Ld. counsel for both the parties have been heard. After careful consideration of the facts and circumstances of the case, and after thorough perusal of the record, I am of the view that the present revision petition has a merit, and the same deserves to be accepted; the registered will needs to be ignored; and the order passed by the District Collector, Faridkot, as well as the order passed by the A.C. Ist Grade, Muktsar, merit to be set aside; and, the mutations require to be sanctioned in favour of the petitioners, being natural heirs of the deceased-Gurdev Singh.