GURVINDER KAUR Vs. NARINDER KAUR

JUDGEMENT

(1.) THIS revision petition is under section 16 of the Punjab Land Revenue Act against the order dated 9.3.2004 of Commissioner, Jalandhar Division, Jalandhar and order dated 20.8.2001 of Collector, Amritsar.

(2.) THE brief facts of this case are that after the death of Daljit Singh son of Jogindar Singh, resident of Chawinda Devi, Tehsil and District Amritsar on 3.1.1997, who had two wives Gurvindar Kaur present petitioner No. 1 and Narindar Kaur present respondent No. 1, mutation No. 1427 of Village Chawinda Devi was entered by the Patwari Halqa in favour of Respondent No. 1 Narindar Kaur on the basis of registered Will dated 20.11.1990 which was sanctioned by A.C.II, vide order dated 7.4.1997. Gurvindar Kaur the present petitioner filed an appeal before the Collector Amritsar which was also dismissed on 22.12.1997. Still aggrieved the present petitioner Gurvindar Kaur and others filed revision before the Commissioner, who vide his order dated 20.8.1999 set aside the order of lower revenue courts and remanded the case to S.D.M-cum- A.C.I, Amritsar for fresh decision. After remand the A.C.I, vide his order dated 26.9.2000 ignored the Will dated 20.11.1990 propounded by Narindar Kaur and sanctioned the mutation on the basis of natural succession in favour of the legal heirs i.e. Swindar Kaur (mother), Gurvindar Kaur (widow), Anupreet Kaur (daughter), Dilpreet Singh and Lovepreet Singh (sons). Respondent No. 1 and 2 i.e. Narindar Kaur and Lovepreet Singh filed appeal before the Collector, Amritsar inter alia pleading that Narindar Kaur is the legally wedded wife of the Daljit Singh and Daljit Singh during his life time with his love and affection had executed a legal and valid Will dated 20.12.1990 in favour of Narindar Kaur which was duly registered in the office of Sub Registrar, Amritsar and the Will has been wrongly ignored by the A.C.I. The Collector vide his order dated 20.8.2001 accepted the appeal set aside the order dated 26.9.2000 of A.C.I and sanctioned the mutation of inheritance of Daljit Singh in favour of Narindar Kaur on the basis of Will dated 20.12.1990. Aggrieved by this, the present petitioner Gurvindar Kaur filed an appeal before the Commissioner which was however dismissed on 9.10.2004. Hence the present revision petition. Counsel for the petitioner and counsel for the respondent Nos. 1 and 2 desired to decide the case on the basis of written arguments to be filed by them within a week. Accordingly orders were reserved. Today the case is fixed for announcement of orders.

(3.) ON the other hand it is contended in the written arguments filed by Sh. J.S. Thind, Advocate, Counsel for the respondent No. 1 and 2 that Daljit Singh was husband of Narinder Kaur and out of their wedlock one son Lovepreet Singh was born. Daljit Singh had already given half share of the property to the petitioner Gurvinder Kaur vide sale deed dated 19.7.1991. Further Narindar Kaur is Class-I legal heir of deceased and Daljit Singh executed a valid Will in her favour. It is also contended that the testator can execute a Will in favour of third person who has no relationship. It is contended that the Revenue Officers are to sanction the mutation on the basis of registered documents and genuineness of the Will is to be seen only by the civil court. Reliance has been placed upon 1995 PLJ Page 218 and also PLJ 1978 Page 270. Sh. Deepak Nayar, Advocate, counsel for respondent No. 3 was also directed to file written arguments within a week on 22.4.2008 when the orders were reserved in this case. However no written arguments have been filed by the counsel for the respondent No. 3.