Baljit Singh v. Sinder Kaur and Ors.
Case brief
What is this about?
In a writ petition for quashing, this court held that revenue officers lack jurisdiction to record a mutation based on a will when a valid civil court decree remains in force since its operation was not stayed. The court directed the Assistant Collector to enter the mutation on the basis of the decree.
What did the court decide?
Writ allowed, impugned orders set aside, and Assistant Collector directed to enter mutation based on the decree dated 26.08.1995 with a note regarding pending dispute.
What the court decided
CWP No.20535 of 2008
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.20535 of 2008 Date of decision:08.10.2010
Baljit Singh
..... Petitioner
Versus
Financial Commissioner, Animal Husbandry, Punjab, Chandigarh and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
Present: Mr.Jatinder Singla, Advocate for the petitioner. Ms.Anu Pal, AAG, Punjab for respondents no.1 to 4. Mr.K.S.Chahal, Advocate for respondent no.5.
RAJIVE BHALLA, J.(ORAL)
Issues for consideration
2 issues framed by the court
Whether revenue officers can record a mutation based on a will when a civil court decree establishing the petitioner's title remains operative.
Whether the pendency of an appeal against a civil court judgment allows revenue officers to disregard the pre-stay decree.
Parties & counsel
- petitioner
Baljit Singh
- respondent
Financial Commissioner, Animal Husbandry, Punjab, Chandigarh
Coram
RAJIVE BHALLA
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · October
- Registered
- Case no.
- CWP/20535/2008
Similar cases
Judgements on the same questions, provisions and authorities, from every court