JAGDISH KAUR Vs. THE FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Petitioner has approached this Court challenging the order dtd. 21/2/2019 (Annexure P-5), 20/8/2015 (Annexure P-4), 22/1/2014 (Annexure P-3) and 22/11/2012 (Annexure P-2) and 23/9/2011 (Annexures P-1) passed by respondents No.1 to 5 respectively, vide which, mutation No.4653 of inheritance of Ram Singh has been sanctioned on the basis of natural succession in favour of Mohar Singh - respondent No.6 and Jagdish Kaur - petitioner herein.

(2.) This order of mutation has been challenged on the ground that there is a registered Will dtd. 20/11/1998 executed by her father Ram Singh in her favour, which has not been taken into consideration by the authorities and merely because, there is a delay in presentation of the same, the Will has been said to be suspicious and thus, not acted upon.

(3.) It is the contention of the learned counsel for the petitioner that although the petitioner has been relegated to the remedy of filing the civil suit, the same is cumbersome and time consuming process, which would not serve the purpose. Reliance has also been placed upon Sec. 39 of the Punjab Land Revenue Act, 1887 (hereinafter referred to as 'Act'), according to which, if any person is negligent to report as required under Sec. 34 of the said Act beyond a period of three months from the date of acquisition of a right, it is the discretion of the Collector to imposed a fine not exceeding five times of the amount of the fee which would have been payable. He contends that the claim of the petitioner on the basis of the registered Will could not have been, therefore, brushed aside. His further assertion is that the registered Will dtd. 14/7/2011, which has been produced by her brother Mohar Singh - respondent No.6 while getting sanctioned the mutation in his favour, which was executed on 19/2/2000 allegedly by their father Ram Singh and the registration thereof after a period of eight years from the date of death of Ram Singh i.e. 7/2/2003 could not be made the basis for relegating the parties to Civil Court. He, thus, contends that the orders as passed by the revenue authorities cannot sustain and deserve to be set aside.