PIARA SINGH DHILLON (P.S. DHILLON) Vs. FINANCIAL COMMISSIONER (REVENUE) PUNJAB, CHANDIGARH AND OTHERS
LAWS(P&H)-2011-12-124
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 13,2011

Piara Singh Dhillon (P.S. Dhillon) Appellant
VERSUS
Financial Commissioner (Revenue) Punjab, Chandigarh And Others Respondents

JUDGEMENT

Satish Kumar Mittal, J. - (1.) THIS Letters Patent Appeal is directed against the order dated 6.7.2011 passed by the learned Single Judge, whereby the writ petition (CWP No. 11481 of 2011) filed by the appellant challenging the orders of the revenue authorities sanctioning the mutation in favour of the respondents -transferees on the basis of the sale deed, has been dismissed while observing that in case the sale deed is set aside by this Court in Regular Second Appeal, then the mutation will be changed in accordance with the said decree.
(2.) UNDISPUTEDLY , in this case the mutation was sanctioned on the basis of the registered sale deed which has been challenged by the appellant by filing Civil Suit. The matter is sub judice as the Regular Second Appeal No. 2172 of 2010 filed by the appellant is pending in this Court. In these facts, in our opinion, the learned Single Judge has rightly dismissed the writ petition while observing that in case the sale deed is set aside by this Court in Regular Second Appeal, the mutation sanctioned in favour of respondents No. 6 to 9 would automatically be rendered infructuous. In our opinion, the mutation does not confer any title and does not effect the rights of the appellant till the sale deed is set aside. In case sale deed is set aside by this Court in Regular Second Appeal, it will be open for the appellant to get the mutation of the land in question sanctioned on the basis of said decree. Thus, we do not find any ground to interfere with the impugned order.
(3.) HENCE , the appeal is dismissed.;


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