RAM SARAN Vs. DAULAT RAM

JUDGEMENT

(1.) The facts of this case need not be recounted as they have been set out in the reference (24.12.91) of the Commissioner, Jalandhar. The Commissioner has recommended that revision petition be accepted, the impugned orders of the Collector and A.C.I. sanctioning the Mutation No. 1558 of Village Rajowal, Tehsil Phillaur regarding inheritance of Devi Ditta be sanctioned on basis of registered Will (3.10.1967) in favour of the petitioners.

(2.) I have heard the arguments of both the parties. The counsel for the petitioners pointed out that a registered Will was executed on 3.10.1967 by Devi Ditta, who died on 22.12.75 but this Will was produced before the patwari on 1.4.89. For this delay of 14 years there were valid and sufficient reasons i.e. land in question was purchased by a cooperative society and Devi Ditta was one of its Members and he had been paying the instalments for the land of his share. The land was mutated in favour of Devi Ditta as late in the month of April, 1989. Shri J.S. Chahal, counsel for the respondent contended that subordinate revenue Officers have rightly ignored the registered Will because this said Will saw the light of the day after 14 years. The failure on the part of the petitioner to inform the Revenue Officers in time is violation of Section 37 of the Punjab Land Revenue Act. The Will has not been proved as per provisions of Section 68 of Indian Evidence Act. None of the witnesses appeared and proved its execution. All the legal heirs i.e. three sons and daughters have been ignored which is unnatural. All these points and the active participation of Ram Saran-petitioner in execution of the Will by his grand-father creates suspicious circumstances. The counsel for the petitioners was asked to explain whether a dead person can continue to be a member of the society. The counsel affirmed that membership goes to his heirs after the death of a member.