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2015 Supreme(P&H) 1603

RAKESH KUMAR JAIN
Kirpal Singh – Appellant
Versus
Financial Commissioner (Revenue) Punjab – Respondent


Advocates:
For the Petitioners:Mr. Abhishek Singla, Advocate.
For the Respondents No.1 to 4: Mr. V. Ramswaroop, Addl. A.G., Punjab.
For the Respondent No.5:Mr. Arvinder Singh, Advocate, for Mr. K.S. Saini, Advocate.

JUDGMENT

Mr. Rakesh Kumar Jain, J.: - Bahal Singh, predecessor-in-interest of the present petitioners, filed a suit for possession by way of pre-emption against Mokham Singh, husband of respondent No.5, on 20.04.1965 in respect of the land measuring 63 Kanal 01 Marla, situated in the revenue estate of village Jhandakalan. A compromise was effected between the parties on 28.05.1965 by which Mokham Singh surrendered possession of land measuring 23 Kanal 10 Marlas, comprised in Killa Nos.160/1 (1-18), 2 (7-19) and 3 (7-11) in favour of Bahal Singh in lieu of Rs.5,000/- and statement of both the parties to that effect was recorded by the Civil Court. The learned Civil Judge, Mansa decreed the suit of Bahal Singh in terms of the compromise to the extent of 23 Kanal 10 Marlas on 21.06.1965. The petitioners filed an application to the Assistant Collector 1st Grade (Sub Divisional Magistrate), Sardulgarh on 21.12.2004 for sanctioning of mutation on the basis of decree dated 21.06.1965. The Halqa Patwari recorded the entry of the decree dated 21.06.1965 in the register and forwarded it to the Halqa Kanoongo on 04.01.2005, who further compared the document on 22.01.2005. In the meanwhile, the


























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