Law:

Section:

  Mutation-Will-Mutation on basis of alleged will entered into at instance of petitioner and rejected in his presence by Assistant Collector-Contention that petitioner was not given opportunity of proving will-Not justified in circumstances of case-Order of Additional Commissioner not interfered with.     ORDER   This order will dispose of the following two revisions:----   Fazal Din v. Mst. Bassi (Revision No. 862). Fazal Din v. Mst. Bassi (Revision No. 874).   These two revisions have been filed against order dated the 1st of March 1965, passed by Additional Commissioner, Multan, whereby he accepted the appeal preferred by the respondent and rejected that filed by Fazal Din son of Hoshnaki.   The facts of the case are that Mutation No. 95 was entered at the instance of Fazal Din son of Faqir Muhammad petitioner on the basis of an alleged unregistered will on 14-10-1962, but was rejected by the Assistant Collector on 17-10-1962. On 14-10-1962, another mutation bearing No. 91 had been entered in favour of Mst. Bassi and was sanctioned on 18-10-1962. Fazal Din son of Faqir Muhammad filed two appeals before the Collector-one against the sanctioning of Mutation No. 91 and the other against rejection of Mutation No. 95. The Collector accepted the appeals and remanded the case for fresh decision on the ground that no opportunity had been given to Fazal Din son of Faqir Muhammad to prove the will. Mst. Bassi filed an appeal before the Additional Commissioner, Multan, against the remand order. At this stage, an appeal was also filed by Fazal Din son of Hoshnaki in which Fazal Din son of Faqir Muhammad and Mst. Bassi were cited as respondents. The learned Additional Commissioner rejected the appeal of Fazal Din son of Hoshnaki, but accepted that of Mst. Bassi. Hence these two revisions.   I have heard the learned counsel for the parties. So far as Fazal Din son of Hoshnaki is concerned, the learned counsel for the petitioners has relied on a Shajra Nasab given by the Central Record Office. An examination of this document shows that Fazal Din son of Hoshnaki is not at all connected…