RAM MEHAR Vs. MOJI

JUDGEMENT

(1.) This petition under Article 229 of the Constitution of India is directed against an order dated 25th March, 1985 passed by the Financial Commissioner, Delhi, declining reopening of an appeal which had been decided earlier by order dated 22nd November, 1983 passed by the predecessor-in-interest of the Financial Commissioner, Delhi, who passed the impugned order.

(2.) To appreciate the controversy, I may state the facts briefly.

(3.) There were four sons of one Kanhaiya namely-(l) Jug Lal,(2) Moji, (3) Pirbhu and (4) Lakhi. Lakhi had been murdered and one Daya Ram was tried for his murder. He was, however, acquitted and after acquittal of Daya Ram the other three sons were prosecuted for the murder of Daya Ram. All the three namely Jug Lal, Moji and Pirbha were convicted on 26th October, 1951 and they were serving life sentences when the Delhi Land Reforms Act, 1954 came into a force. Belore their convictions they were tilling the disputed land measuring about 45 Bighas and 2 Biswas situated in village Mitraon. Delhi. The petitioner herein is Ram Mehar son of the deceased brother, Lakhi. He was working in the Indian Navy as a Gunner and he came back after the convictions of his three uncles for the murder of Daya Ram. While the three uncles, Jug Lal, Moji and Pirbhu were in Jail the bhumidari certificate was issued in favour of Ram Mehar, the petitioner herein. It appears that one of the uncles, Pirbhu, died and is represented by his son Chand Singh.