(1.) This is an appeal filed by Shri Naginder Singh son of Shri Uttam Singh resident of Village Ghuttanpur. Tehsil Paonta Sahib. Distt. Sirmour against the order dated 15.3.1994 passed by the Commissioner Shimla Division in Revenue Appeal No. 45/93 whereby the appeal filed by the present respondent Sh. Taran Singh was accepted.
(2.) The facts of the case in brief are that on the basis of the judgment delivered the learned Distt. Judge Sirmour on 9.8.1991 in Civil appeal No. 2 -N/13 of 1991/90. the Assistant Collector II Grade Paonta Sahib vide mutation No. 279 dated on 10.4.1992 mutated proprietary rights to the extent of l/3rd share of land pertaining to khata No. 9 min and 10 situated in Mauza Ghuttanpur. Tehsil Paonta Sahib. Distt. Sirmour in favour of Shri Taran Singh the present respondent.
(3.) Against this order of the Assistant Collector Ilnd Grade Paonta Sahib dated 10.4.1992. Shri Naginder Singh the present appellant filed an appeal before the Sub -Divisional Collector. Paonta -Sahib on the grounds that the order under appeal was illegal, without jurisdiction and against the judgment of the civil court and that he had not been afforded any opportunity of being heard while attesting the impugned mutation on 10.4.1992 by the Assistant Collector Ilnd Grade and that he being not a party to the litigation in the Civil Court his rights could not be affected by enforcing the said judgment of the Civil Court. It was averred that according to the civil court judgment no relief could be given to the present respondent Shri Taran Singh alleging that as per the judgment Smt. Mehtab Kaur was held entitled to l/3rd share estate of Uttam Singh subject to the law of limitation and other facts if raised. It was further contended that there was no such decree of the Civil Court on the execution of which the learned Assistant Collector Ilnd Grade could attest the impugned mutation holding the present respondent Taran Singh co -owner to the extent of l/3rd share in the property i.e. estate of Shri Uttam Singh.