BHAI NANDBIR SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Sarv Shri Anup Singh and Prem Singh sons of Gian Singh had some agricultural land in village Mial, tehsil Chakewal, district Atak, also called as Kaimalpur now in Pakistan and they used to reside in that village. Both these persons were killed during the holocaust following partition of the country in 1947 in the above said village. The wife and son of aforesaid Prem Singh were also killed. However, Smt. Damodri Devi widow of Anup Singh and Smt. Hira Devi sister of said Anup Singh and Prem Singh managed to cross over to India. They settled in village Nangal Patti, tehsil Jagadhari, district Ambala. Smt. Damodri Devi filed a Mutalba claim in the Rehabilitation Department for the allotment of land left by her husband and Prem Singh in Pakistan. 1-15 1/2 standard acres land was allotted in village Baliwal, tehsil and district Ludhiana each in the name of Prem Singh and Anup Singh deceased on quasi-permanent basis. The possession of this land was also taken in the names of the above referred two deceased persons by Smt. Damodri Devi on 6th May, 1954, vide Rapat Roznamcha Nos. 281 and 282. Smt. Damodri Devi then gave this land to her tenant Jagdish Singh son of Harnam Singh for cultivation. A few years thereafter she went to Africa for residing with her brothers where she expired. Subsequently, on the complaint of some persons that the legal heirs of the allottees were not residing in the village and had abandoned possession of the land in dispute, the Managing Officer vide ex parte order dated 15th July, 1966, cancelled its allotment after issuing notice to Anup Singh and Prem Singh on 2.7.1965, although the aforesaid persons were already dead. This land was then put to open auction, wherein Maluk Singh, present respondent No. 5, and Swaran Kaur, present respondent No. 6, purchased this land. Jagdish Singh, tenant of the heirs of the allottees, taking undue advantage of the absence of the legal heirs of the allottees then filed objections before the Settlement Officer (Sales) against the above referred auction, inter alia, on various grounds including that he being in possession of the land in dispute was entitled to transfer of the land in his name on the reserve price on the basis of press note issued by the erstwhile State Government of Punjab in the year 1962. The Settlement Officer (Sales) dismissed that petition on 12.11.1965. Jagdish Singh then went in revision before the Settlement Commissioner (Sales) against the above referred order, which was also dismissed by the latter on 16th May, 1969. Jagdish Singh preferred a writ petition in the High Court which was also dismissed on 13th November, 1972, and the sale of the auctioned area was confirmed by the Settlement Officer (Sales) vide order dated 3.7.1975 in favour of Maluk Singh and Swaran Kaur.

(2.) Mst. Hira Devi sister of the above referred original owners of the land on having learnt about the illegal order of cancellation of allotment of the land in dispute filed an application on 20.10.1973 through Harnam Singh father of the tenant as her general attorney for setting aside the above referred order of cancellation of allotment of land. The Assistant Registrar-cum-Managing Officer, Jalandhar, after making a detailed enquiry held Smt. Hira Devi to be the sole legal heir of the deceased allottees being their sister and restored the allotment of the land in dispute in the name of the deceased allottees under the order dated 18.4.1975 Annexure P.1. The auction purchasers then went in appeal before the Assistant Settlement Commissioner which was accepted on 17th November, 1975, vide order copy Annexure P.2. Thereafter Mst. Hira Devi legal heir of the deceased allottees preferred a revision petition before the Chief Settlement Commissioner under Section 24 of the Displaced Persons (Compensation and Rehabilitation) Act No. 44 of 1954 (hereinafter referred to as 'the Act') who accepted the revision petition vide order copy Annexure P.3 and restored the orders of the Managing Officer. The auction purchasers then filed an application under Section 33 of the Act before Financial Commissioner, Punjab, having delegated powers of the Central Government, who vide his order Annexure P.4 accepted the petition and set aside the order Annexure P.3 of the Chief Settlement Commissioner by holding that Mst. Hira Devi having failed to prove herself to be the legal heir of the deceased allottees could not file the application for review of the order of the Managing Officer and that the Managing Officer could not review his own order after confirmation of the sale in favour of the auction purchasers.

(3.) During the pendency of the above referred litigation between the parties, Smt. Mohinder Kaur, petitioner No. 2 allegedly purchased the land in dispute from Mst. Hira Devi on 17.2.1977 through a registered sale deed. Smt. Mohinder Kaur filed a civil suit for permanent injunction to restrain the auction purchased from dispossessing her from the land in dispute. She got an ex parte interim injunction in her favour.