GURBAX SINGH S OCHANDA SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal is from the Judgment and Order dated August 24, 1988 of the Punjab and Haryana High Court dismissing the appellant's writ petition for quashing the order of the Financial Commissioner Punjab dated 9-2-1988 declaring the second respondent to be eligible for allotment of the lands in dispute under Rule 34C of the Displaced Persons Compensation and Rehabilitation Rules 1955 (hereinafter referred to as 'the rules') framed under the Displaced Persons Compensation and Rehabilitation Act, 1954 (hereinafter referred to as 'the Act).

(3.) The land in dispute (hereinafter referred to as 'the land') bearing Khasra Nos. 17/8/1, 8/2 and 8/4 admeasuring 7 Kanals 4 Marlas in the Revenue Estate of Shahzada Nangal, Gurdaspur, was owned by one Vinod Kumar. The second respondent claimed to have been in its cultivating possession in the years 1953-54, 1956-57. In 1957-58 and 1958-59 he was recorded as a sub-lessee under one Budha Singh lessee on annual rent of Rs. 100/-. In 1958 the lease in favour of Budha Singh was cancelled with information ti him by the Rehabilitation Department whereupon the second respondent's right as sub-lessee came to an end. Consequently the second respondent was no longer recorded as lessee or sub-lessee after 1958-59.