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A.S.ANAND, K.VENKATASWAMI
Balwant Singh – Appellant
Versus
Daulat Singh – Respondent
Key Points: - Mutation entries do not convey or extinguish title; they are relevant only for collection of land revenue. (!) (!) - The court held that the widow did not divest her title by Mutation No. 1311 and remained in possession as a full owner on the coming into force of the Hindu Succession Act, 1956. (!) (!) - The subsequent Mutation No. 1348 was not treated as extinguishing the widow’s title; it could not be used to override prior findings and is discussed in context with possession and reversion rights. (!) (!) - The appeals were allowed except regarding properties gifted to Makan Singh under gift deed dated 9.9.70; the decree is divisible among reversioners and independent donees. (!)
JUDGMENT
K. Venkataswami, J.-Both these appeals are preferred against the judgment and decree of the Punjab and Haryana High Court in R.S.A. No. 25 of 1976 dated 29.11.1983.
2. The facts are given below:
The defendants in Suit No. 158 of 1973 on the file of the Court of Sub-Judge, First Class, Gurdaspur, are the appellants in these two appeals. The plaintiffs-contesting respondents herein preferred the said suit under the following circumstances.
One Khushal Singh was the owner of an extent of land measuring 270 kanals 9 marlas in village Gandhian, Tehsil & District Gurdaspur. The above-said land after consolidation was found measuring only 264 kanals and 7 marlas. The suit property is the said extent of 264 kanals and 7 marlas. The original owner, Khushal Singh, died issueless on 5.9.1950. Subsequently, the suit lands were mutated in the name of one Durga Devi widow of deceased Khushal Singh on 19.7.1952. The said Durga Devi purporting to fulfil her husband s desire of taking in adoption one Balwant Singh and Krtar Singh (both Minors) expressed her desire to mutate the lands in favour of the said minors Balwant Singh and Kartar Singh. Accordingly, the Mutation was effected on 19.7.195
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