JAI KISHAN CHAUHAN Vs. GANGO DEVI

JUDGEMENT

(1.) These are two revision petitions filed against two orders of the Divisional Commissioner, Kangra passed on 7.4.2004 in revision petitions No. 189/2003 and i 90/2003. The facts and the matter at issue in both these revision petitions are interrelated and therefore these revision petition are being disposed off by this single order.

(2.) The facts which have precipitated the present dispute are that one Shri Kishan, son of Shri Sunder Singh inherited land in villages "Harsi1, Tehsil Palampur and Tarphed1, Tehsil Jaisinghpur from his mother Smt. Pano Devi Sh. Kishan executed an unregistered Will dated 3.5.1980 pertaining to this property in favour of his maternal uncles Shri Jaikishan, the present petition No.1 and Shri Om Parkash, the predecessor in interest of the rest of the petitioners. Accordingly, after the death of Sh. Kishan his land situated in village Harsi, Tehsil Palampur was inherited by S/Sh, Jai Kishan and Om Parkash by virtue of the said unregistered Will dated 3.5.1980 vide mutation No. 171 of village Harsi1, Tehsil Palampur which was attested on 25.5.1984. Lateron, on 31.5.1991, the land situated in village Tarphed, Tehsil Jasinghpur was mutated in favour of Shri Sunder, father of Sh. Kishan vide mutation No. 45 Shri Sunder had earlier executed a registered Will1 on 30.10.1990 in respect of his entire immovable and movable property in favor (sic - favour) of his third wife, Smt. Gango, who is the present respondent No.1. Shri Sunder expired some time in the year, 1992 and the land situated in village Tarphed, Tehsil Jaisinghpur which was mutated in his favor after the death of his son, Shri Kishan, vide mutation No. 45 was also mutated in favour of Smt. Gango. This mutation No. 47 was attested on 18.5.1992.The present petitions filed two appeals, before the Sub Divisional Collector, Jaisinghpur. The first one, registered as appeal No. 18/2001, was filed on 19.10.2001 against mutation No. 45 whereby Sh. Sunder had inherited the land of his son, Shri Kishan, in village Tarphed and the second, registered as appeal No. 17/2001 was filed against mutation No. 47 on 2.10.2001 against the further inheritance of this land in favour of Smt. Gango. The grounds taken by the petitioners were that Sh. Kishan had executed a Will in their favour on 3.5.1980 in which his father Sh. Sunder was also a witness. However, when Sh. Kishan died, his succession was obtained by his father Sh. Sunder in village Tarphed, Tehsil Jaisinghpur, by concealing the fact of the Will. The appellants had contended that this land could not have further been inherited by Smt. Gango. The Sub Divisional Collector dismissed the appeal No. 17/2001 on 22.10.2001 and the appeal No. 18/2001 on 26.2.2002. The petitioners filed two revision petitions No. 189/03 and 190/3 respectively against the two orders of the Sub Divisional Collector before the Divisional Commissioner, Kangra who also dismissed them vide orders dated 7.10.2004.

(3.) Now these two revision petitions No. 2/05 and 3/05 have been filed before this court.