RAM BHUSHAN DAS Vs. MANDIR SUDHAR COMMITTEE

JUDGEMENT

(1.) THIS revision petition under Section 16 of the Punjab Land Revenue Act, 1887, is directed against the order (22.5.1989) of Commissioner Jalandhar Division. The revision petition filed by the petitioner was dismissed and order (31.12.1987) passed by he Collector, Jalandhar was upheld as the petitioner failed to explain as to why no action was taken by him against the mutation order for 23 years i.e. 1962 to 1985. In the jamabandi for the year 1960-61 of village Rahon an area measuring 117 kanals 6 marlas was recorded as ownership of one Sital Dass chela Ram Dass chela Mathura Dass. This area was comprised in four Khewats namely 1421, 1492, 1569 and 1646. On the death of Sital Dass, Mutation No. 6232 was entered in favour of "Thakur Dwara Radha Krishan" on the basis of unregistered Will, on 6.10.1962. This mutation was incorporated in jamabandi for the years 1962-63. This entry continued upto jamabandis for the years 1983-84 when Ram Baran Dass Mohtmim expired, Ram Bhushan Dass (petitioner) succeeded him in the capacity of Mohtmim through 'Fard Badar' No. 1 which was entered by the Patwari and verified by Kanungo and sanctioned by Assistant Collector II Grade, Nawanshahar on 4.6.1985 in one day and entries "Thakur Dwara Radha Krishan" was deleted and "Ram Bhushan Dass chela Sital Dass" was shown as absolute owner. Mandir Sudhar Committee made a complaint to the Financial Commissioner Punjab who forwarded the same to the District Collector who set aside the order of 4.6.1985 on 31.12.1987 and restored the entries as incorporated in jamabandis from 1962-63 to 1983-84 jamabandis. The petitioner filed a revision petition before the Commissioner (Appeals) Jalandhar which was dismissed (22.5.1989). Hence this revision petition.

(2.) THIS is an old case of 1988-89. It has been thought appropriate to decide this case on merits taking the grounds of revision petition and facts available on record as the counsel for the petitioner who was present on the last date of hearing has not turned up today.

(3.) IN record the Collector in his order dated 31.12.1987 has observed that :-