Allowed

Dasa Singh v. Financial Commissioner and Ors.

Punjab & Haryana HC13 Feb 2012LPA/1647/2011

Case brief

AI extract

What is this about?

The High Court held that the revenue authorities were bound to sanction mutation based on the Civil Court decree. The matter of daughters' independent right to property was not adjudicated and must be established in the appropriate forum. The appeal dismissing the revision was allowed.

What did the court decide?

Disallowed the appeal and dismissed the revision petition

Dasa Singh Vs Financial Commissioner and… — Succession and Inheritance | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Date of decision: 13.2.2012 LPA No. 1647 of 2011

Dasa Singh

.....Appellant

vs.

Financial Commissioner (Revenue), Haryana Civil Secretariat, Chandigarh and ors

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.....Respondents

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Present: - Mr. Paramvir Singh Sikand, Advocate for the appellant.

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CORAM: -HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE A.N.JINDAL

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HEMANT GUPTA, J

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CM No. 4483-LPA of 2011

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Exemption is allowed as prayed for.

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CM No. 4482-LPA of 2011

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Application is allowed. Delay of 33 days in filing the present appeal is condoned subject to all just exceptions.

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CM No. 4481-LPA of 2011

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Application is allowed. Delay of 275 days in re-filing the present appeal is condoned.

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LPA No. 1647 of 2011

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Dasa Singh son of Bachitta Singh is in appeal against the order passed by learned Single Judge of this Court on 9.3.2010. Vide the said order, writ petition filed by Ajmer Singh and Smt. Veena widow of Hardial Singh, both sons of Dasa Singh was allowed and the revenue authorities were

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LPA No.1647 of 2011

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directed to sanction mutation in terms of the decree of the Civil Court.

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A perusal of the judgment and decree passed by this Court in RSA No. 129 of 2000 dated 13.12.2002, shows that the appeal filed by the present appellant was dismissed and that of sons of Dasa Singh namely Ajmer Singh, Hardial Singh and Jasmer Singh was allowed.

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The grievance of the appellant is that the daughter of the appellant is also entitled to share in joint Hindu family property of which appellant is Karta .

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Whether, the daughters are entitled to share in the property is not a question which arises in the present case as the revenue authorities are bound to give effect to the decree of the Civil Court. Challenge before the Civil Court was to the consent decree suffered by Dasa Singh. The said decree was set aside. Therefore, if the daughters have any independent right, they have to establish the same before the appropriate forum. The revenue authorities cannot refuse to sanction the mutation on the basis of the judgment of the Civil Court.

Dismissed.

(HEMANT GUPTA) JUDGE

(A.N.JINDAL) JUDGE

13.2.2012 preeti

Dasa Singh v. Financial Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

Dasa Singh v. Financial Commissioner and Ors.

Case brief

What is this about?

What did the court decide?

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