BEENAWANTI ALIAS PARAMJIT KAUR Vs. PARAMJIT KAUR

JUDGEMENT

(1.) THESE are three revision petitions under section 16 of the Punjab Land Revenue Act, 1887 against the single order dated 31.3.04 of Commissioner Patiala Division, Patiala regarding inheritance of Pritam Kaur (deceased) and her husband deceased of village Hussanpur and village Dehar, Tehsil, Dera Bassi District Patiala (Now SAS Nagar). These three revision petitions are similar.

(2.) BRIEF facts of this case are that Pritam Kaur w/o Gurdeep Singh daughter of Fauza Singh Khewatdar of village Hussanpur died on 2.2.93. Patwari Halqa entered the mutation No. 677 of inheritance of Pritam Kaur in favour of her husband Gurdeep Singh vide Rapat dated 10.8.99 but Gurdeep Singh had already died on 25.7.99. Therefore mutation No. 678 was entered vide Rapat dated 10.8.99 in favour of Paramjit Kaur and Rupinder Kaur and Daljit Kaur, the present respondents in equal share. Both the mutations were sanctioned by A.C.II Dera Bassi on 11.8.99. Beena Wanti petitioner challenged this order before the Collector by filing an appeal which was accepted on 21.11.2000 and the case was remanded to A.C.I Dera Bassi to decide this case afresh after hearing the parties.

(3.) THE A.C.I clubbed all the three cases and decided the same vide his order dated 28.5.01 observing that the cardinal point involved in this case in whether Beena Wanti alias Paramjit Kaur (the present petitioner) is daughter of Paramjit Kaur and Gurdeep Singh or not. The A.C.I. in all the three mutations heard both the parties and examined the record and vide his order dated 28.5.01 sanctioned the mutation No. 677 of Hussanpur regarding inheritance of Pritam Kaur in favour of her husband Gurdeep Singh. Mutation No. 678 of Hussanpur and mutation No. 2451 of village Dehar of inheritance of Gurdeep Singh was sanctioned in favour of present respondents Paramjit Kaur (wife), Rupinder and Daljit Kaur daughter of deceased Gurdeep Singh in equal share. Beena Wanti filed three separate appeals before the Collector who vide his order dated 30.9.2000 accepted the three appeals, decided the case of mutation Nos. 677 and 678 in a single order observing that from the School Admission, School Leaving Certificate, Voter List etc and from the statement of witnesses of nearest relatives of Pritam Kaur and Gurdeep Singh, the fact is proved that Beena Wanti is daughter of Pritam Kaur, first wife of Gurdeep Singh and therefore she is sole legal heir of Pritam Kaur. The Collector, therefore, accepted both the appeals and set aside the order of the A.C.I in mutation Nos. 677 and 678 of village Hussanpur Tehsil Dera Bassi. Similarly, while deciding the appeal in the case of Mutation No. 2451, the Collector observed that Gurdeep Singh was married with Pritam Kaur and after the death of Pritam Kaur, Gurdeep Singh remarried with Paramjit Kaur (present respondent No. 1) and respondent Nos. 2 and 3 are daughters of Gurdeep Singh from the wedlock with Paramjit Kaur. The Collector therefore vide his order dated 30.9.2002 sanctioned the mutation No. 2451 of village Dehar regarding inheritance of Gurdeep Singh in favour of present petitioner Benna Wanti and the present respondents in equal share. Aggrieved by this present respondent Paramjit Kaur and others filed three separate appeal before the Commissioner Patiala Division, Patiala who vide his order dated 31.3.04 accepted the appeals and set aside the order dated 28.5.01 of A.C.I Dera Bassi in respect mutation Nos. 677, 678 and 2451 of village Hussanpur and Dehar. Hence the present revision petition.