Ind Kaur etc vs Nihal Kaur

J.P. Gupta, F.C.

This is a revision under Section 16 of the Punjab Land Revenue Act, 1887 against the order of the Commissioner Patiala Division Patiala dated 5.1.1979 whereby she dismissed the appeal finding no force in it.

The facts of the case, in brief, have been incorporated in para 2 of the Commissioner's order and may be read as a part of this judgment.

The main ground on which this revision petition has been filed is that the civil Court has given a verdict in favour of the petitioner and against the defendant Nihal Kaur that she is not the mother of Mohinder Singhdeceased.

I have heard the learned counsel for the parties at length and gone through the record carefully. The learned counsel for the petitioner pointed out that the judgment of the Additional District Judge, Patiala dated 2.11.1979 is after the date of decision given by learned Commissioner, Patiala Division, Patiala against the petitioner, it being dated 5.1.1979. The learned Commissioner has observed in para 8 of her judgment dated 5.1.1979 that the question whether a relationship exists or not, is a question of fact which cannot be gone into in the proceedings before her. The learned counsel submitted that now that a verdict from a civil Court is available, the order of the learned Commissioner, learned Collector, as well as that of Assistant Collector, Ist Grade dated 5.1.1979, 24.6.1975 and 25.11.1974 respectively are required to be modified; and he prayed that mutation No. 896 of village Gazipur be sanctioned in favour of the petitioners. The learned counsel for the respondent has nothing to say except that no evidence can be produced at revisional level. This is not acceptable as a decree of the civil Court, which was not available to the revenue officers, clearly establishes that Nihal Kaur is not the mother of Mohinder Singh deceased; and therefore it cannot be ignored. In fact, in mutation proceedings, the affected parties can always produce the orders of the civil Courts, to help the revenue officers, to take a correct view on matters of fact and law. This is because the revenue officers are to act on the findings of the civil Courts, wherever available. Therefore, in view of the civil Court decree available in favour of the petitioners, I accept the revision and set aside the order of the lower revenue Courts including that of the learned Commissioner dated 5.1.1979.

Announced.