Prabhjit Singh And ANR v. State Of Punjab And ORS

CWP No.23436 of 2016 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.23436 of 2016 Date of decision:19.04.2017 Prabhjit Singh and others ... Petitioners Vs.

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Karanjit Singh, Advocate for the petitioners.

AMIT RAWAL J. (Oral) The petitioners are aggrieved of the impugned orders, whereby, mutation bearing No.3979 of village Fatehpur, Tehsil and District Amritsar relating to inheritance of deceased Jaswant Singh son of Chanan Singh who unfortunately died on 07.04.2003, had been entered in favour of Sharanjit Kaur wd/o Jaswant Singh.

Mr. Karanjit Singh, learned counsel for the petitioners submits that Chanan Singh had executed unregistered Will dated 08.09.2000 in favour of the petitioners which was later on registered, therefore, mutation could not have been ordered in favour of the private respondents. He further submits that in this regard, a civil suit is already pending. I have heard learned counsel for the petitioners and appraised the paper book.

It is settled law that mutation cannot be kept in abeyance. It has to be recorded. The parties are at liberty to lead evidence and on Savita 2017.04.21 13:54 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.23436 of 2016 {2} preponderance of the evidence, the Civil Court shall decide the matter uninfluenced with the finding of the Civil Court with regard to mutation entered into on the basis of the natural succession as it is the domain of the Civil Court.

Writ petition stands disposed of.

(AMIT RAWAL) JUDGE April 19, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.04.21 13:54 I attest to the accuracy and integrity of this document High Court Chandigarh