In cases involving suspicious circumstances surrounding the execution of a will, the revenue officers can apply their independent minds to the facts and circumstances and ignore the registered will to ensure substantial justice.

S.R. Bunger, FC. - The present case has been reported by the Commissioner, Faridkot Division, Faridkot under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 20.5.1996, passed by the District Collector, Faridkot, in mutation cases regarding inheritance, with his recommendation, that the order passed by the Collector, as well as, by the A.C. Ist Grade, Muktsar, be set aside, and the mutations be sanctioned in the names of natural heirs of the deceased, by ignoring the Will dated 20.6.1991, as per his reference dated 12.3.1997.

2. The facts of this case are, that, mutations No. 460, 472, 1349, 1326 and 3082, pertaining to the Revenue Estate of Kotkapura Had Bast No. 129, Tehsil and Distt. Faridkot, regarding the inheritance of one Gurdev Singh S/o Chanan Singh, who had reportedly died on 1.2.1994, were entered by the Halqa patwari at the instance of the petitioners-Sukhmander Kaur etc., and, before the A.C. 2nd Grade, this mutation was contested by Kulwant Kaur, claiming herself to be a concubine, a mistress, a keep of the deceased-Gurdev Singh, by propounding a registered will dated 20.6.1991, in favour of Gurlabh Singh, whom she claimed as a son, allegedly born from out of the loins of Gurdev Singh; and the A.C. 2nd Grade had declared these mutations as contested and had referred to the A.C. Ist Grade, Faridkot. Later on, with the order of the District Collector, Faridkot, these mutations were transferred to the A.C. Ist Grade Muktsar.

3. The A.C. Ist Grade, Muktsar vide his order dated 19.7.1995, had sanctioned all these five mutations regarding inheritance of Gurdev Singh, in favour of Gurlabh Singh, on the basis of the registered will dated 20.6.1991, the execution of which, as per his findings, stood duly proved. Aggrieved by this order, Sukhmander Kaur etc. had filed the appeal before the District Collector, Faridkot, who, vide his order dated 20.5.1996, had rejected the same, by confirming the order of the A.C. Ist Grade, Muktsar, dated 19.7.1995. Still aggrieved by this order, Sukhmander Kaur etc., had filed a revision petition before the Commissioner, Faridkot Division, Faridkot, as a result of which, the present case has been reported by the Commissioner, Faridkot Division, Faridkot, vide his reference dated 12.3.1997.

4. The Ld. counsel for both the parties have been heard. After careful consideration of the facts and circumstances of the case, and after thorough perusal of the record, I am of the view that the present revision petition has a merit, and the same deserves to be accepted; the registered will needs to be ignored; and the order passed by the District Collector, Faridkot, as well as the order passed by the A.C. Ist Grade, Muktsar, merit to be set aside; and, the mutations require to be sanctioned in favour of the petitioners, being natural heirs of the deceased-Gurdev Singh.

5. At the outset, it may be pointed out, that, in this case, the inheritance of the deceased-Gurdev Singh is being claimed on the one hand by the widow and the three daughters of the deceased; and, by one Kulwant Kaur, on behalf of her alleged minor-son, Gurlabh Singh, on the other. It is an admitted fact that, the petitioners are the natural heirs of the deceased; and Gurlabh Singh, the legatee of the registered will dated 20.6.1991, is a bastard child, who was born, not out of the lawful wedlock between Kulwant Kaur and Gurdev Singh, but from out of the adultery, engaged in by Kulwant Kaur with Gurdev Singh.

6. On behalf of Gurlabh Singh, Kulwant Kaur has claimed, that the will propounded in this case, was executed by the deceased-Gurdev Singh, out of sheer love and affection for Gurdev Singh, with a sound disposing mind, out of his free will. The A.C. Ist Grade, Muktsar, as well as the District Collector Faridkot, while relying upon the registered will, as a genuine and valid document, had sanctioned the mutations in favour of Gurlabh Singh but, the Commissioner, Faridkot Division, Faridkot, has recomme