BEFORE the Circle Revenue Officer (Naib Tehsildar / Tehsildar, Assistant Collector Second Grade)
TEHSIL Jagraon, DISTRICT Ludhiana, PUNJAB
PETITION UNDER THE PUNJAB LAND REVENUE ACT, 1887
being an OBJECTION TO A PENDING MUTATION, presented under section 34 read with section 36 of that Act
being an APPEAL AGAINST A SANCTIONED MUTATION, presented under section 13 of that Act
IN THE MATTER OF Mutation (Intkal) No. 5127, being a Mutation of inheritance (Intkal Virasat), of the Revenue Estate (Village) Kot Umra, Hadbast No. 221, Tehsil Jagraon, District Ludhiana, Punjab
BETWEEN
Gurmeet Singh (recorded as Gurmit Singh), son of Sh. Kartar Singh, son of Sh. Inder Singh, resident of 12 Maple Crescent, Brampton, Ontario L6Y 4R2, Canada; care of Sh. Jarnail Singh, VPO Kot Umra, Tehsil Jagraon, District Ludhiana, Punjab 142026; mobile +91 XXXXX XXXXX; email gurmeet.singh@example.com
... PETITIONER
AND
Balwinder Singh, son of Sh. Kartar Singh, resident of House No. 47, Gali No. 3, VPO Kot Umra, Tehsil Jagraon, District Ludhiana, Punjab 142026
... RESPONDENT
AND the following further persons, arrayed as respondents because the order prayed for will affect their recorded interest:
- Smt. Harbans Kaur widow of Sh. Kartar Singh, VPO Kot Umra, Tehsil Jagraon, District Ludhiana (proforma respondent, no relief claimed).
- Punjab Gramin Bank, Branch Jagraon, District Ludhiana, as mortgagee under Mutation No. 3341.
RESPECTFULLY SHOWETH:
- CAPACITY OF THE PETITIONER, AND OTHER PROCEEDINGS
The Petitioner is a recorded co-sharer in the khewat in respect of the land described in the Schedule to this petition, and is accordingly a person interested in the record-of-rights and in the annual record maintained for the said Revenue Estate under sections 31 and 33 of the Punjab Land Revenue Act, 1887. The Petitioner claims one-fourth (1/4) share, being 3 kanal 5 marla out of 13 kanal, as one of four surviving children of the deceased in the said holding, and is competent to institute and to maintain this proceeding.
Connected and parallel proceedings — before anything further is said, the Petitioner discloses the following proceedings touching this land, this mutation or these parties: Civil Suit No. 412 of 2026, Gurmeet Singh versus Balwinder Singh, in the Court of the Civil Judge (Junior Division), Jagraon, for a declaration under section 34 of the Specific Relief Act, 1963 that the will dated 2 January 2022 is forged and does not bind the plaintiff, and for a consequential permanent injunction. Filed 3 March 2026, pending, next date 14 April 2026. No interim order has been passed. The Petitioner asks this Court to read this petition in the light of those proceedings. Nothing in this petition asks this Court to decide a question of title, which belongs to the civil court alone.
Save as disclosed in this petition, no other objection, appeal, application, review, revision or suit on the same subject matter between the same parties is pending before any revenue court, civil court, tribunal or authority, and the Petitioner has not authorised any other person to institute one.
- THE LAND
Revenue Estate (Village) Kot Umra, Hadbast No. 221, Tehsil Jagraon, District Ludhiana, Punjab. The entries in question stand in the Jamabandi for the year 2020-2021, at Khewat No. 118 and Khatauni No. 241. The khasra numbers and the areas comprised are set out in the Schedule at the foot of this petition and are not disputed as to their description.
- THE MUTATION COMPLAINED OF
Mutation (Intkal) No. 5127 was entered in the register of mutations by the Halqa Patwari on 1 April 2026 as a Mutation of inheritance (Intkal Virasat), in favour of the Respondent, and fell thereafter to be placed before the Circle Revenue Officer for attestation under section 34 of the Punjab Land Revenue Act, 1887.
Basis of the Respondent's claim — the mutation is said to proceed upon the following document or event: An unregistered will dated 2 January 2022 said to have been executed by the late Sh. Kartar Singh in favour of the Respondent alone, produced for the first time before the Halqa Patwari on 14 August 2023, seven months after the death, and not attested by any witness known to the family. The Petitioner disputes that the said document or event has the effect claimed for it, for the reasons set out in the grounds below, and puts the Respondent to strict proof of it.
- STAGE OF THE PROCEEDING, AND LIMITATION
Stage — the said mutation has been entered in the register of mutations by the Halqa Patwari and has not yet been placed before the Circle Revenue Officer for attestation. It has not been attested, and no order sanctioning it has been passed. This petition is accordingly presented as an objection at the attestation stage, for which no period of limitation is prescribed. The Petitioner prays that it be taken on the file of the mutation proceeding, that the Petitioner be summoned and heard, that the dispute be determined by the summary inquiry for which section 36 of the Punjab Land Revenue Act, 1887 provides, and that the mutation be not attested until this objection has been decided by a reasoned order.
Sanction — the said mutation was attested and sanctioned by the Naib Tehsildar, Jagraon, Assistant Collector Second Grade by order dated 3 April 2026, and that order is the order complained of in this petition. The Petitioner applied for and obtained a certified copy of the said order on 4 April 2026, and the time requisite for obtaining that copy falls to be excluded in computing the period of limitation.
Limitation — the statutory position is this. Section 13 of the Punjab Land Revenue Act, 1887 gives an appeal from an Assistant Collector to the Collector, from the Collector to the Commissioner of the Division and from the Commissioner to the Financial Commissioner (Revenue); proviso (i) to that section shuts off a further appeal where an original order has been confirmed on first appeal. Section 14 allows thirty days for an appeal to the Collector, sixty days for an appeal to the Commissioner and ninety days for an appeal to the Financial Commissioner (Revenue), and every one of those periods runs from the date of the order appealed against and not from the date on which the appellant came to know of it. Section 15 allows the officer who passed an order to review it, and section 15(b) requires an application for review to be made within ninety days. Section 16 allows a superior revenue officer, and at the apex the Financial Commissioner (Revenue), to call for the record of a case decided by an officer subordinate to him and to revise the order made in it, and prescribes no period of its own for doing so. The Petitioner's own position on limitation, and the computation on which it rests, is this: The order complained of is dated 27 November 2023. The Petitioner applied for a certified copy on 12 February 2026 and obtained it on 19 February 2026, and the time requisite for obtaining it falls to be excluded. This petition is presented on 24 February 2026 to the Collector, for which section 14 allows thirty days from the date of the order. The petition is therefore beyond the period allowed, by 813 days after excluding the time requisite for the copy, and the Petitioner has filed the accompanying application for condonation of that delay, which is founded on the Petitioner's continuous residence outside India and on the total absence of notice.
Date of knowledge — the Petitioner first came to know of the said mutation on 2 April 2026, on inspecting the record of the said Revenue Estate at jamabandi.punjab.gov.in. No notice of the proceeding had been given to the Petitioner at any earlier time and the Petitioner had no means of knowing of it.
Absence from India — The Petitioner has been resident in Canada since 4 March 2011 on permanent resident status and has visited India only twice since, in December 2016 and in February 2024. The Petitioner's passport entry and exit stamps are annexed. The Petitioner was in Brampton, Ontario throughout the period from 1 January 2023 to 30 November 2025. The Petitioner was accordingly not present in the Halqa or at the Tehsil when the mutation was reported, entered and taken up, and could neither attend in person nor instruct anyone to attend on the Petitioner's behalf.
- GROUNDS
The Petitioner objects to the said mutation on the following grounds:
(i) The late Sh. Kartar Singh died intestate on 3 June 2023 leaving four children, of whom the Petitioner is the eldest.
(ii) The mutation records the Respondent as sole successor and omits the Petitioner and two other heirs altogether.
(iii) No death certificate, no succession affidavit and no statement of the other heirs appears on the mutation file.
(iv) The will relied upon is unregistered, was produced seven months after the death, and its attesting witnesses are the Respondent's own employees.