GIAN SINGH Vs. HARJIT SINGH

JUDGEMENT

(1.) THIS is a reference dated 31.1.1997 from the Commissioner, Patiala Division, Patiala recommending that the revision petition of Gian Singh son of Bara Singh against the order of the Collector, Ropar dated 7.10.1993 be accepted.

(2.) IN this case, Mutation No. 745 of village Niamian relating to inheritance of Dalip Singh was sanctioned by the Assistant Collector Grade-I, Kharar on 4.1.1993 in favour of the respondents on the basis of a registered will dated 2.7.1992. The petitioner filed an appeal before the District Collector, Rupnagar but this appeal was dismissed. On 8.6.1996, registered Will was set aside by the Civil Judge, Kharar. The grounds in revision by Gian Singh are that since the Will has been executed in favour of the respondents, the order dated 4.1.1993 passed by Assistant Collector Grade-I sanctioning the mutation in favour of the respondents should be set aside. On behalf of the respondents it has been argued that since they have challenged the civil court judgment and the operation of that judgment has been stayed on 24.7.1996, there is no justification for setting aside the said order.

(3.) MUTATION does not ipso facto confer any right or title on the party in whose favour it is sanctioned, but is a means of up-dating the revenue record. I, therefore, appreciate the underlying anxiety of the learned Commissioner that if the existing entry in the revenue record is allowed to remain as it is, it may not reflect the true state of affairs. It is important that the correct position relating to ownership is brought on record as it is necessary to safeguard the interests of strangers vis-a-vis the parties contesting the ownership. I am informed by the counsels that the mutation has been reflected in the recent jamabandi. This interest can be safeguard at this stage by making an entry relating to the decree and the stay in the 'rapat roznamcha' of the halqa Patwari alongwith a corresponding entry in the remarks column of the recent jamabandi as per the provisions of section 34 of the Punjab Land Revenue Act, 1887 with red ink.