Suraj Bhan & Ors vs Financial Commissioner & Ors

Shortly stated the facts are that one Data Ram was the common ancestor of the appellants as also respondent No. 5. He was the owner of agricultural land admeasuring 216 Bighas and 19 Biswas comprised of several Khasra numbers, situated in the Revenue Estate of village Bawana, Delhi. Data Ram died in the year 1948. He was survived by six sons and two daughters; three sons and one daughter from the first wife and three sons and one daughter from the second wife. Ratni Devi was a daughter from the second wife. After the death of Data Ram, the land was mutated in the names of his eight children and each of them was given 1/8th share. In 1987, two sons of Data Ram, namely, (i) Bhagwana, and (ii) Hari Singh instituted a suit No. 81/87 for declaration and permanent injunction averring therein that two daughters of deceased Data Ram, namely, (i) Smt. Jee Kaur, and (ii) Smt. Ratni Devi had no right in the land and they could not have inherited any share in the land since they were already married. The suit was ultimately compromised. Names of the appellants were added as legal heirs of Ratni Devi who died on June 14, 1989. It is alleged by the appellants that respondent No. 5 forged a Will purported to have been executed by Ratni Devi on April 14, 1989 stating therein that she was the full and absolute owner of 1/8th share which she inherited from her father Data Ram and that she had given the said share to respondent No. 5 who was her step-brother's son. On the basis of the above Will, respondent No. 5 applied to Tehsildar, Narela, Delhi under the Delhi Land Revenue Act, 1954 to mutate the land said to have been owned by deceased Ratni Devi in the name of respondent No. 5 and to enter his name in the Revenue Records. No notice was given to the appellants, no opportunity of hearing was afforded, nor principles of natural justice were complied with and Tehsildar entered the name of respondent No. 5 in Revenue Records by effecting mutation in the name of respondent No. 5 in khatauni on March 19, 1997. As soon as the appellants came to know about the fact of mutation entry in Revenue Records in favour of respondent No. 5, they preferred an appeal to Collector, North District, Kanjhawala, Delhi. The appeal, however, was dismissed. A further appeal before the Financial Commissioner, Delhi also met with the same fate. A Writ Petition to the High Court of Delhi being C.W.P. No. 4560 of 1998 was, therefore, filed by the appellants. It was also dismissed as observed earlier, against which the appellants have approached this Court.

It was also the case of the appellants that in 1997- 98, certain lands were acquired by the Government under the Land Acquisition Act, 1894 and an award No. 1 of 1997 was passed for Rs.3,60,00,000/-. Being heirs of deceased Ratni Devi, the appellants herein made an application under Sections 29-31 of the said Act asserting that they were the real heirs of deceased Ratni Devi and were entitled to compensation of Rs. 45 lakhs, being the share of the deceased. In spite of the above facts, substantial amount of Rs.45 lacs had been paid to the respondent No. 5 on March 23, 1998. The said action was also illegal and unlawful.

On April 1, 2004, when the matter was placed for admission hearing, limited notice was issued on the question "whether the original mutation was done upon notice to the natural heirs of Smt. Ratni Devi, the alleged testatrix". The matter was, thereafter, ordered to be placed for final hearing. Affidavits and further affidavits were filed. On December 9, 2005, notice was also issued to the Secretary, Bar Council of Delhi to state whether any complaint was filed by the complainant before the Bar Council and the status of that complaint. On February 17, 2006, the Court noted that a complaint had been received by the Bar Council from the appellants and was pending before the Bar Council.

So far as mutation is concerned, it clear that entry has been made and mutation has been effected in Revenue Records by Tehsildar on the basis of an application made by respondent No.5 herein and his name has been entered in Record of Rights on the basis of the Will said to have been executed by Ratni Devi. In our opinion, therefore, it cannot be said that by entering the name of respondent No. 5 in Revenue Records, any illegality had been committed by Tehsildar. It is true that no notice was issued to the appellants but the Tehsildar had taken the action on the basis of Will said to have been executed by deceased Ratni Devi in favour of respondent No. 5. The said order has been confirmed by the Collector as also by Financial Commissioner. When the grievance was made against the said action by filing a Writ Petition, the High Court also confirmed all the orders passed by Revenue Authorities under the Act. We see no infirmity so far as that part of the order is concerned.

For the foregoing reasons, the appeal deserves to be dismissed and is accordingly dismissed. We may, however, clarify that we may not be understood to have expressed any opinion on correctness on genuineness of the Will said to have been executed by deceased Ratni Devi in favour of respondent No. 5. It was stated at the Bar that against dismissal of the suit by the trial Court on the ground of limitation, an appeal is filed by the appellants which is pending before the High Court of Delhi. As and when the said appeal will be taken up for hearing, it will be decided on its own merits without being influenced by observations made by us in this judgment. We may also make it clear that we are not expressing any opinion on the entitlement of compensation said to have been awarded in land acquisition proceedings. All contentions of all parties are kept open and all questions will be decided in appropriate proceedings by Competent Authorities or Courts without being inhibited by the present decision. The appeal is accordingly disposed of. In the facts and circumstances of the case, however, there shall be no order as to costs.