GURMEJ KAUR Vs. SWARAN SINGH

JUDGEMENT

(1.) THIS appeal under Section 13 of the Punjab Revenue Act, 1887 is directed against the order (11.6.1991) of the Commissioner (A), Jalandhar Division, Jalandhar whereby order of Collector (30.4.1990) was set aside and order of the AC-I Nakodar (31.7.1989) was restored in mutation proceedings.

(2.) MUTATION No. 2001 of village Domana Tehsil Nakodar was entered on the basis of registered sale deed (11.3.1987) and being a contested mutation was decided by AC-I. He sanctioned the mutation in favour of respondents on 31.7.1989 finding that prior to the execution of a sale deed the land was under the possession of Sh. Bukar who has surrendered its possession and delivered the same to the vendees-respondents Swaran Singh etc. The Collector, Jalandhar accepted the appeal of the petitioners and rejected the mutation on 30.4.1990 observing that the vendors have failed to show the extent of their shares in the joint holding and were in exclusive possession of said khasra No. 302/345, sought to be alienated by sale deed. The respondents challenged the order in appeal before the Commissioner (A), Jalandhar who accepted the appeal on 11.6.1991 holding that sale deed in favour of vendees have not been set aside or declared null and void by any court so revenue officer is not required to go into the intricate question of its validity or genuineness. Hence this appeal.

(3.) IN rebuttal the counsel for the respondents pleaded that the respondents have purchased the land in dispute through sale deed (11.3.1987) from the co- sharers and Bukar had delivered the possession of land. The sale deed is a legal and valid document and co-sharers had every right to sell his share out of joint land. The counsel contended that mutation can be sanctioned on the basis of registered sale deed and the revenue officer is not to look into the matter whether land was sold in excess of one's share. The Commissioner as well as AC-I have passed detailed orders so this appeal is deserved to be dismissed.