SAUDAGAR SINGH Vs. MAHANT HARDAYAL SINGH

JUDGEMENT

(1.) This is a revision petition filed under Section 17 of the H. P. Land Revenue Act against the order dated 17 -7 -1981 of the learned Divisional Commissioner, Kangra whereby the appeal of the present petitioners was rejected.

(2.) The brief facts of the case are that S/Shri Sajjan Singh, Mahant Hardyal Singh and Gijrnam Singh purchased 56 -1 bighas of land, in equal shares, vide Registered deed dated 16 -1 -1967 from one Shri Ram Chand in Phati Dyar, Tphsil and Distt. Kulu. Shri Sajjan Singh who was a Sadh (ascetic) and follower (Chela) of Mahant Jiwan Singh died on 16 -6 -1967. A mutation bearing No. 1763 was entered in the Register of mutation on 1 -8 -1969 and the A. C. II Grade vide his orders dated 27 -9 -1969 referred the case to the A. C. I Grade, Kulu for decision as the mutation was a contested one. The A. C. I Grade after hearing both the parties sanctioned the mutation in favour of Smt. Kesar Kaur, the mother of the deceased Sajjan Singh on 1642 -1969. The plea of the present respondent that the property belonged to the religious institution did not find favour with the Mutation Officer and it was held by him that since the property was in the personal name of Shri Sajjan Singh, it was to be inherited by his natural heirs. Aggrieved by these orders, Mahant Hardyal Singh filed an appeal before the Distt. Collector, Kulu alleging therein that the mutation should have been sanctioned in his name being Gur -Bhai of the deceased as the property was purchased from the funds of Dera Thakran, Amritsar which is a religious institution and it had been acquired for that Gaddi. The Collector, Kulu accepted the appeal vide Orders dated 8 -6 -1975 and quashed the orders passed by the A. C. I Grade and held that the property was purchased out of the funds of the institution as Shri Sajjan Singh had no source of income except the funds of the institution. Aggrieved by these orders, the present petitioners filed an appeal before the learned Commissioner, who rejected the same and held that Shri Sajjan Singh was a celibate having become the Chela of Mahant Jiwan Singh in 1946 and thus the property acquired by him could not be his personal property rather it belonged to the institution. It is against this order that the present revision petition has been filed in this court.

(3.) The revision petition has been preferred on the ground that this property was acquired by late Sh. Sajjan Singh jointly with S/Shri Gurnam Singh and Hardyal Singh in equal shares. S/Sh. Gurnam Singh and Hardyal Singh transferred their shares in favour of S/Sh. Kuldip Singh and Randhir Singh respectively, which establishes that the property was not acquired out of the funds of the religious institution and was self -acquired one. It has, therefore, been contended that the inheritance to the property is governed by Section 8 of the Hindu Succession Act and not by the Customary Law of Punjab as held by the learned Divisional Commissioner.