AJAIB SINGH AND ANOTHER Vs. FINANCIAL COMMISSIONER, PUNJAB AND OTHERS
LAWS(P&H)-2012-12-177
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 11,2012

Ajaib Singh And Another Appellant
VERSUS
Financial Commissioner, Punjab And Others Respondents

JUDGEMENT

Ranjit Singh, J. - (1.) The petitioners claim to have purchased the land vide sale deed No. 869 dated 29.10.2003 from Ujagar Singh son of Gurdit Singh for a sum of Rs. 4,00,000/-. The land is situated in village Khandoor, Tehsil and District Ludhiana. The petitioners produced a sale deed before the Patwari Halqa of the village who entered the mutation at Serial No. 5613 on the basis of sale deed. Objections were raised to the sanction of mutation and the mutation being contested was placed before the Assistant Collector Ist Grade Ludhiana who after recording the evidence of the parties sanctioned the mutation on 04.08.2004.
(2.) The respondents herein filed an appeal before the Collector, Ludhiana which was allowed and the matter was referred back to the Assistant Collector Ist Grade for finding out as to who is in possession of the land. On the basis of statement made by Patwari, Assistant Collector Ist Grade came to the conclusion that possession has not been transferred in favour of the petitioners vendee and, accordingly, rejected the mutation which was sanctioned in favour of the petitioners. The petitioners filed an appeal which was dismissed on 18.08.2009. Revision petition was dismissed on 08.06.2009. Even the revenue revision before the Financial Commissioner was dismissed on 25.01.2011. The petitioners, therefore, have filed the present writ petition.
(3.) The sole submission made by counsel for the petitioners is that even when the possession has not been transferred the mutation can be sanctioned on the basis of sale deed. In support, he has relied upon Chanan Singh v. Financial Commissioner Appeals-I, Punjab, Chandigarh, 2005(2) PLR 103 . Similar observations have been made in the case Smt. Nirmaljit Kaur and others v. State of Punjab and others, 2012(1) PLR 462.;


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