Daler Singh v. Financial Commissioner (Revenue) Punjab And Others

appended photocopies of Mutation No. 286, sanctioned in the name of vendees of Pakhar Singh, as well as the Fard Jamabandi of 1997-98.

6. From perusal of the record of AC Ist, it appears that the above plea was not taken by the petitioners before the AC Ist grade at the appropriate stage of partition proceedings and even the Civil Suit for declaration was also instituted on 30.09.2016 i.e. after passing of Naksha Irri on 13.07.2016. However, from the documents appended with the petition, it is abundantly clear that Pakhar Singh had sold the said land measuring 8K-OM comprising Kh. No. 12//16, vide sale deed dated 08.11.1996 to Major Singh and Dharam Singh s/o Surjit Singh and accordingly mutation was also sanctioned in the name of these vendees. But in the jamabandies, instead of Pakhar Singh, name of Amar Singh (predecessor in interest of the petitioners) has been changed/shown as vendor.

As a result of the above mistake, total share of the petitioners has been reduced in the khewat comprising of 139K-2M land. This mistake is attributed to the revenue authorities and the petitioners should not have been made to suffer due to fault on the part of revenue authorities. Nevertheless, now the Court of Addl. Civil Judge (Senior Division), Fatehgarh Sahib, vide judgment and decree dated 02.02.2022 has partly decreed the suit of the petitioners No. 1-4 to the effect that they are declared as owner in possession of 19 kanal 7 marlas of land out of total suit property measuring 139 kanal 2 marlas, which is part of the land under partition. Consequent to this judgment/decree, the share of the petitioners has to be corrected/updated in the revenue record.

7. In view of the above position, the present partition proceedings, based on the wrong revenue entries, are not sustainable. Accordingly, I have no hesitation in accepting the present petition. The impugned orders, including the Sanad Takseem, are thus hereby set aside.

8. Needless to say after correction/ updation of revenue record, in terms of Civil Court decree, any interested party may approach the revenue authorities for partition of land afresh, in accordance with law."