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2002 DIGILAW 411 (PNJ)

Gurbachan Singh v. Mohinder Singh

2002-04-15

KARL REDDY

body2002
ORDER Karl Reddy, F.C. - This is a petition under Section 16 of Punjab Land Revenue Act, 1887 seeking to revise the order dated 8.6.2000 of the Commissioner, Ferozepore Division, Ferozepore, and the order dated 22.10.1998 of the District Collector, Mukatsar, and to restore the order dated 15.1.1998 of the Assistant Collector Ist Grade, Malout, in mutation proceedings. 2. Mutations No. 2659 and 2663 of village Shamkot, Tehsil Malout, District Mukatsar were entered on the basis of registered sale deeds No. 2179 and 2178 dated 15.12.1995 for Rs. 17500/- and Rs. 36000/- respectively executed by Jarnail Singh, Mukhtiar-e-Aam of Gabo d/o Bhagat Singh, in favour of the respondent. The first sale deed is for Khasra No. 8//110/2/1 (2-9) and the second is for 5K 12M being 112/1929 share in the joint holding of 96K 9M. The petitioner objected that Gabo had died on the way to India during Partition, that she had left no issue, that the sale deeds had been executed and registered by impersonation and fraud, and that possession had not been transferred. The Assistant Collector Ist Grade rejected the mutations on the ground that possession had not been transferred in pursuance of the registered sale deed. 3. The District Collector held that there is no evidence on the file to show that Gabo had died in Pakistan. Had that been so, her inheritance must long since have been sanctioned in favour of her legal heirs. However, the revenue record showed Gabo to be the shareholder even after 50 years. The challenge to registered sale deeds on the grounds of fraud and impersonation is to be mounted in the Civil Courts and not in mutation proceedings. The Commissioner dismissed the appeal against that order. Hence the present petition. 4. Gabo is shown in the revenue record to be vendor in possession of Khasra No. 8/10/2/1(2-9) and as shareholder of 112/1929 share in the joint holding of 96K 9M. It is settled law that a co-owner can transfer possession of his/her share in the joint holding and that a mutation on the basis of a registered sale deed which contains a recital that possession has been transferred for consideration is to be sanctioned unless there are compelling reasons for doing otherwise. It is settled law that a co-owner can transfer possession of his/her share in the joint holding and that a mutation on the basis of a registered sale deed which contains a recital that possession has been transferred for consideration is to be sanctioned unless there are compelling reasons for doing otherwise. No doubt the petitioners witnesses testified that Gabo had died in Pakistan, and that they had never seen Gabo in village Shamkot, but this does not explain how and why the name of Gabo appeared and continued in the revenue record. 5. In his application dated 18.12.1995 to the Assistant Collector, the petitioner had stated that it is not known whether Gabo is alive or dead. Thereafter he changed his tune and alleged that Gabo had died on the way while fleeing Pakistan at the time of Partition. Gabo testified before the Assistant Collector and was subjected to cross-examination. A Death Certificate issued by the Additional District Registrar of Births and Deaths, Ferozepore showing Gulab Kaur w/o. Teja Singh to have died on 24.7.1996 at village Gill is on the file of the District Collector. 6. Accordingly, the impugned orders are upheld and the petition is dismissed. To be communicated. Petition dismissed.