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2015 Supreme(P&H) 2092

RAKESH KUMAR JAIN
SWARAN KAUR – Appellant
Versus
FINANCIAL COMMISSIONER, PUNJAB – Respondent


Advocates:
Advocate Appeared:
For the Appellant :G.S. Nagra, Advocate
For the Respondent: Yatinder Sharma, Addl. A.G.

JUDGMENT :

RAKESH KUMAR JAIN, J.

1. Karnail Singh, predecessor-in-interest of the petitioners, was allotted land measuring 48 kanals, situated in village Nawanpind Bathe, Tehsil and District Kapurthala on 19.03.1979 from Khasra No. 510 min (287K-0M) and mutation No. 9660 was sanctioned in favour of Karnail Singh on 28.10.1984. Respondent No. 5 and others made a complaint to the Deputy Commissioner, Kapurthala, alleging that they are in possession of 17 kanals of land in Khasra No. 510min (287K-1M), but the mutation of Khasra No. 8440/510/1, 2, 3 (48 kanals) has been wrongly sanctioned in favour of the petitioners. Therefore, they prayed for correction in the mutation No. 9660. The Patwari Halqa entered the new mutation No. 4742 and presented it before the Assistant Collector 1st Grade, Kaputhala, which was contested by the petitioners. The case set up by the petitioners before the Assistant Collector 1st Grade, Kapurthala, was that the land was allotted to their predecessor-in-interest and the sale certificate was issued in their favour on 19.03.1979, on the basis of which mutation No. 9660 was rightly sanctioned, has been reflected in numerous jamabandis and after 23 years, the Reve










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