' Brief facts of the case are that one Allah Bakhsh died and his inheritance was devolved upon his son Allah Ditta vide mutation No,7344 dated 29-5-1984. Allah Ditta also died and the property was mutated in the names of Ghulam Hussain and Falak Sher vide mutation No,7345 on 29-5-1984.
Again Falak Sher died, and mutation No,7856 was attested in favour of his legal heiRs, on 26-3- 1985. The validity of these mutations was questioned by the respondents in appeal before the AC/Collector, Jhang who remanded the case, on the ground that Allah Bakhsh deceased had six sons and three daughteRs, but the mutation was sanctioned only in favour of Allah Ditta, to the Tehsildar/AC-I, Jhang on 6-11-1985 for enquiry into the heriditary claim. The AC-I/Tehsildar heard the parties and reported that Ghulam Hussain was the real son of deceased Allah Ditta. Thereupon, the appeal was dismissed on 16-4-1986. That order was assailed in revision petition before the Additional Commissioner (Revenue), Faisalabad. The respondents who were petitioneRs, before the Additional Commissioner (Revenue) had contended that mutations Nos.7344 and 7345 were sanctioned in utter disregard of the provisions of Islamic Law. Their contention was also endoRs,ed by the respondents (now petitioneRs,). The Additional Commissioner (Revenue) vide impugned order dated 19-1-1987 accepted the revision and remanded the case to the Revenue Officer for re- deciding mutations Nos.7344 and 7345 after hearing the parties as well conducting fresh enquiry.
Hence this revision petition under section 164 of the Punjab Land Revenue Act, 1967.
2. The learned counsel for the petitioneRs, contended that the respondents' revision petition should have been dismissed by the learned Additional Commissioner as there was no illegality in the ordeRs, of the AC/Collector. Respondents Nnc.2 to 6 were impleaded as petitioneRs, in the revision petition without any approval or permission from the Court as they were not party in the appeal before the AC/Collector. Respondent No,1 Aziz Anwar had stated before the Collector that his maternal grandfather had no issue except his father. Mutations Nos. 7344 and 7345 were sanctioned on 25-5-1984. These mutations remained unchallenged for full one year and 1-1/2 months and there was no justification to condone the limitation. The respondents fully knew that Falak Sher and Ghulam Hussain are real brotheRs, having equal share in the property of their father Allah Ditta and they had conceded to this while getting the mutation of inheritance of the share of Falak Sher sanctioned in their favour vide mutation No,7856. It was prayed that the revision petition may be accepted.
3. The learned counsel for the respondents maintained in rebuttal in the written arguments that the Additional Commissioner had only remanded the case for further inquiry as the legal heiRs, of Allah Bakhsh except Allah Ditta had been deprived of inheritance. No loss has accrued to the petitioneRs, and they have full opportunity before the Revenue Officer to prove their case. The Additional Commissioner has only directed investigation regarding the. Allegation that all, the heiRs, have not been included in the mutation of inheritance. Mutations Nos. 7344 and 7345 had been sanctioned in 1984 purportedly in the presence of Falak Sher whereas he had died on 22-3-1975. These mutations were therefore, sanctioned fraudulently. Mutation No,7856 was entered on 23-3-1985 and was sanctioned on 26-3-1985 and shows it was entered one year after the death of Falak Sher.
Actually it was entered after 10 yeaRs,, It was prayed that the revision petition may be dismissed.
4. I have considered the arguments and perused the case record. The respondents have placed on record the death certificate of Falak Sher issued by the Municipal Committee Mang who died on 22-3-1975 and the matter of his death was also reported on 27-3-1975 by one Manzoor Hussain. A.
Perusal of mutation No,7856 shows that it was entered on 23-3-1985 in which Falak Sher is shown to have died about one year earlier. Mutation No,7344 entered on 23-2-1984 shows Falak Sher to be alive. As has already been seen he had died much earlier, This mutation also shows Allah Ditta father of Falak Sher (and son of Allah Bakhsh) to have reported to the Patwari on 23-2-1984 the facts of death of his father, Allah Bakhsh. Again mutation No,7345 entered by the Patwari on the same day i.e. 23-2-1984 shows that Ghulam Hussain had reported that his father Allah Ditta son of Allah Bakhsh had died. If Allah Ditta had died as mentioned in mutation No,7345 he could not have been alive as shown in Mutation No,7344 on the same day i.e. 23-2-1984. These mutations have obviously been entered, compared and sanctioned fraudulently. By the Patwari, Kanungo and Revenue Officer in collusion with petitioneRs, The case has therefore been rightly remanded by the learned Additional Commissioner vide the impugned order for further enquiry. The revision petition is devoid of merit and is dismissed.
5. The Commissioner, Faisalabad Division, Faisalabad is advised to initiate proceedings under the Punjab Civil Servants (E & D)' Rules, 1975, against the Patwari, Kanungo and Revenue Officer for misconduct in entering, comparing and sanctioning these mutations. Action taken shall be reported within six months of this order to the Board of Revenue, Punjab, Lahore. .