JEET SINGH Vs. SARWAN SINGH

JUDGEMENT

(1.) This is a revision petition filed under Section 16 of the Punjab Land Revenue Act, 7/5/1887 against the order dated 10.8.2006 passed by the Commissioner, Jalandhar Division, Jalandhar.

(2.) The brief facts of the case are that on the basis of a registered sale deed dated 6.5.2004, the Patwari Halqa entered mutations No. 2012 and 2013 of village Raipur, Tehsil and Distt. Jalandhar. The petitioner Jeet Singh raised objection that as per family partition, the land, in question, is owned by them and they also held the possession of the same. Being contested, the mutations were sent to A.C.Ist grade, Jalandhar, for decision, who after hearing both the parties, vide his order dated 27.5.2005 rejected the mutations. Aggrieved by this order, the respondent filed an appeal before the Collector who after hearing both the parties, accepted the same and sanctioned the mutations in question. Not satisfied with this order, the present petitioner filed an appeal before the Commissioner who after hearing both the parties, dismissed the same vide his order dated l0.8.2006. Not satisfied with this order, the petitioner has come before this court with the present petition.

(3.) At the time of arguments before me, the learned counsel for the petitioner invited my attention to para 7.17 of the Punjab Land Record Manual, saying that a mutation should not be sanctioned unless the possession has been transferred to the other party. He further stated that the petitioner is in possession of the said land for more than 25 years and have also made construction on the said land. In fact, the factum of construction has also been admitted by the respondent. The respondent has also filed a suit for partition which indicates clearly that the petitioner is in possession of the suit land. The orders passed by the Commissioner and the Collector should therefore, be set aside and the order dated 27.5.2005 passed by Assistant Collector, 1st grade, vide which he rejected the said mutations, should be upheld.