GURMEL SINGH Vs. PREM KAUR

JUDGEMENT

(1.) THIS second appeal raises a pure question of fact in as much as the only point urged before me is that the Plaintiffs are not proved to be daughters of Mst. Uttami. It is, however, submitted that the concurrent findings of both the Courts below stand vitiated because of a wrong approach by raising a presumption about relationship on the basis of entries in the revenue records. Facts as are necessary for decision of the appeal may be stated in a narrow compass.

(2.) PREM Kaur and Waryam Kaur Plaintiffs instituted the present suit against Bhajan Singh and his sons Gurmel Singh and Gurdial Singh tor possession of 10 Bighas 9 Biswas of land situate in village Sahzad -pur, district Patiala. It was pleaded that the suit land formed part of the estate of their mother Uttami deceased and they as her heirs were entitled to possession thereof, of which they had been forcibly deprived by the Defendants some 6 -7 years before the institution of the suit. The claim of the Plaintiffs is that they are daughters of Uttami out of the loins of Chhotu. Gurmel Singh Defendant -Appellant only contested the suit though the other Defendants also filed written statements. On the pleadings of the parties, the following issues were framed:

(3.) MR . J.N. Kaushal, learned Counsel for the Appellant, has strenuously urged that finding on issue No. 2 relating to the alleged relationship of the Plaintiffs with Uttami deceased is vitiated because of an erroneous approach by wrongly raising a presumption in favour of the Plaintiffs on account of some entries in the revenue records. Of the death of Uttami, mutation of inheritance Exhibit P. 2 was sanctioned on 19th January. 1963. in favour of the plaintiffs, who were described as her daughters. At the time of attestation of the mutation, Bhagwan Singh, Lambardar of the village, is alleged to have verified before the Assistant Collector I Ind Grade that Waryam Kaur and Prem Kaur, now Plaintiffs, were daughters of Uttami mother of Bakhshish Singh and widow of Chhotu. It may be mentioned here that Bakhish Singh was son of Uttami and had pre -deceased her. When Bakhshish Singh died, Uttami succeeded to his estate vide Exhibit P. 1 dated 30th August, 1962, her husband Chhotu having already died. Entries in the mutation Exhibit P. 2 regarding devolution of inheritance in favour of the Plaintiffs, on the death of Uttami, were later incorporated in the Jamabandi Exhibit P 4 and there too the Plaintiffs were shown as her daughters holding the estate as owners. In view of the entries in the Jamabandi a presumption was raised by the Courts below under Section 44 of the Punjab Land Revenue Act, 1887 (hereinafter called the Act), and it was found that the Defendants had not been able to rebut that presumption. The onus, but for the presumption ,so raised, would, of course, have been ordinarily on the Plaintiffs who alleged that they were daughters of Uttami. The District Judge held that as long as entries in the revenue records were not proved to be false, the same must be presumed to be correct and acted upon The argument of the learned Counsel for the Appellant is that it is only with regard to entries showing devolution of any right interest or liability that a presumption of truth attaches thereto and not in regard to relationship of the parties as referred to in the record -of rights. The submission indeed is that a statutory presumption of relationship arises only with respect to entries in pedigree tables, but not when a certain relationship is mentioned in the Jamabandis. Section 31 of the Act states which documents will be included in the record -of rights and pedigree table is one of them. Jamabandi also fall in the record -of -rights and are presumed to be true until the contrary is proved. In my opinion, the argument of the learned Counsel is fallacious and based on misapprehension of the subject of Section 44 of the Act Before a mutation is attested, a public inquiry, according to the procedure prescribed by law, has to be made, and it has to be ascertained whether any transfer of interest in land has taken place by gift, sale, mortgage or otherwise, and who are parties to a transaction. It is inherently implied in such an inquiry that a revenue officer who is called upon to do so must, in the discharge of his public duties, satisfy himself about the identity of the parties affected by the mutation. The identity is indeed an essential part of the inquiry. Mutations are entered to keep the revenue records up -todate and the revenue officers have to take notice of all the changes taking place about the interest in land. An appeal is provided under Section 13 of the Act against an order of a revenue officer sanctioning or refusing to sanction a mutation. There is also a further remedy by way of revision of the orders of revenue officers by the Financial Commissioner under Section 16. Again, when entries in the mutations are transferred in Jamabandis, revenue officers concerned have to make enquiries from the right holders to ascertain whether any changes have occurred which have not been brought on the record. The parties are informed about the existing entries and then lists are prepared indicating changes proposed to be entered in the Jamabandis. Even if at the time of attestation of a mutation certain parties did not appear or had not been contacted, but were interested in the devolution of interest in land, they have an opportunity to represent their case when an enquiry for the preparation of Jamabandis is made on the spot. All these enquiries are made on the spot and officials are presumed to have done their acts in accordance with law. There is a well known maxim, omnia proesumuntur rite esse acta.