SANTA SINGH Vs. JOGINDAR SINGH

JUDGEMENT

(1.) THIS revision petition is under section of the Punjab Land Revenue Act 1887 against order dated 22.11.2005 of Commissioner, Jalandhar Division, Jalandhar and order dated 7.5.2002 of S.D.M-cum-Collector, Patti.

(2.) BRIEFLY the facts of this case are that on the basis of civil court decree dated 10.3.1997 mutation No. 813 of Village Mann, Tahsil Patti District Amritsar was put up to A.C.I for decision who vide his order dated 1.9.2000 rejected the mutation mainly on the ground that the decree holder could not produce any proof regarding transfer of possession. Aggrieved by this order Jogindar Singh filed an appeal before the S.D.M-cum-Collector Patti, mainly on the grounds that civil court decree was binding upon the revenue officers and that he (Jogindar Singh) was already in possession of disputed land. The Collector vide his order dated 7.5.2002 accepted the appeal, set aside the impugned order and remanded the case to A.C.II, Patti for sanctioning the mutation afresh after entering mutation as per civil court judgement and decree. Now Santa Singh filed an appeal before the Commissioner which was dismissed on 22.11.2005. Hence the present revision petition.

(3.) I have carefully perused the written arguments filed by both counsel. The contention of the counsel for the petitioner is that civil suit for specific performance filed by Jogindar Singh was decreed by the civil court on 10.3.1997 with the direction to deposit the balance amount of consideration moneys within a period of two months and there after the sale deed was to be executed in favour of Jogindar Singh, The contention of the counsel for the petitioner is that no sale deed was executed according the judgment and decree dated 10.03.1997 and therefore no mutation can be entered and sanctioned.