CHATTAR SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) . This is a reference from the Commissioner, Patiala Division, Patiala dated 11.12.1996 recommending that the order passed by Assistant Collector Grade-I, Nabha on 21.3.1991 and the order passed by District Collector, Patiala dismissing the appeal of the petitioner be set aside.

(2.) THE facts of the case are that Gurbax Singh, respondent No. 2 sold some land in village Badgujran, Tehsil Nabha to Rajinder Singh, Respondent No. 1 vide registered sale deed dated 14.6.1990 and Mutation No. 786 was accordingly entered for attestation. On objection by the present petitioner the mutation was declared contested by Assistant Collector Grade-II and referred to Assistant Collector Grade-I who sanctioned the mutation on 21.3.1991 relying on the registered sale deed. This order was upheld by the Collector as indicated above. Hence the reference.

(3.) IN this case, Gurbax Singh, vendor is the father of Chattar Singh, petitioner. Only Rajinder Singh, vendee, who was impleaded as Respondent No. 2 appeared through his counsel; Gurbax Singh is reported to have died. But despite orders his L.Rs. were not impleaded by the petitioner. As per entries in the mutation sheet (Mutation No. 786) (relating to the sale of the said land) Gurbax Singh sold his 1/4th share in Khata No. 8/13, 14 and 15 measuring 33 kanals 17 marlas, another 1/4th share in Khata No. 9/16, 17 and 18 measuring 24 kanals 1 marla and 1/3rd share in Khata No. 103/141 measuring 32 kanals 10 marlas. In the ownership column he is shown as co- sharer with his other brothers and Chattar Singh is not a co-sharer. In the cultivation column also there is no mention of Chattar Singh's possession on the land. There is no other paper on record to show that the disputed land was under physical possession of Chattar Singh. So, the plea of Chattar Singh that he is in possession is not borne out from the record of this case. It has, therefore, not been possible for me to appreciate the ground on which the Commissioner has recommended this reference.