MOOLA Vs. FINANCIAL COMMISSIONER REVENUE CHANDIGARH

JUDGEMENT

(1.) Special Leave to appeal granted.

(2.) Appellant Moola filed a suit under Section 5 of the Punjab Tenancy Act in the Court of Assistant Collector, Hissar, for acquisition of occupancy rights. Third respondent Lorinda Ram, a displaced person was the allottee of the land in respect of which Moola claimed occupancy rights. When the matter reached the High Court, the learned single Judge of the High Court relying upon Section 9 of the Displaced persons (Land Resettlement) Act, 1947, held that even if the appellant Moola was on the land since the time of his forefathers, the lease is deemed to have been terminated effective from July 21, 1949, beause there is nothing to show that lease in question was exempted by the Custodian from the operation of Section 9. With this observation, the writ petition of the appellant was dismissed and this order was affirmed by a Division Bench in Letters Patent Appeal No. 150 of 1979

(3.) Learned counsel for the appellant here pointed out that the appellant's lease is protected under Section 12 of the Administration of Evacuee Property Act, 1950. Section 12 reads as under: