ZORA SINGH Vs. J M TANDON

JUDGEMENT

(1.) This appeal by certificate, is directed against the judgment of the High Court of Punjab dated October 1966.

(2.) The appellant a military personnel attached to the Sikh Regiment at present, stationed at Meerut, alleged that he was granted a gallantry award under which land situate at Samundri, Lyallpur District now part of Pakistan, was conferred on him in 1947. He relied on two letters, dated February 14, 1947 and April 10, 1947, said to have been issued by the Deputy Commissioner, Lyallpur to the Tehsildar, Samundri, in which it was said that the said land situate in Samundri had been allotted to him.These letters were said to have been signed by one Hardwari Lall, the Personal Assistant of the Deputy Commissioner, for and on behalf of that officer. The appellant produced copies of these two letters said to have been endorsed to him at the time when the original letters were issued to the said Tahsildar.

(3.) It appears that after partition the appellant laid a claim for land in lieu of the land at Samundri left by him in Pakistan and was allotted about 26 standard acres of land. The allotment was challenged by respondent 3, who having failed before the Deputy Custodian General of Evacuee Property, applied to the Rehabilitation Minister, Government of Punjab. The Minister passed an order dated April 14,1960 cancelling the said allotment. The order was totally unauthorised as the Minister had obviously no jurisdiction to pass it. The Chief Settlement Commissioner, instead of implementing it, only ordered that the legal position with regard to the allotment in appellant's favour may be verified. On doing so, the Managing Officer recommended cancellation of the said allotment on the ground that the copies of letters said to have been endorsed to the appellant and which he had produced did not appear to be genuine. The appellant had also produced before the authorities copies of the said alleged original letters, which he claimed were given to him on his application duly attested by the authorities of Lyallpur.