STATE OF PUNJAB Vs. NATHA SINGH

JUDGEMENT

(1.) This judgment will dispose of Regular Second Appeal Nos. 1361, 1362, 1364 to 1366 and 1713 of 1989 as these are directed against the single judgment of the learned Additional District Judge, Ropar dated 17-11-1988. For facility of reference, the facts are taken from RSA No. 1364 of 1989.

(2.) One Hazara Singh son of Chhota was allotted land on 1.7.1975 under the Punjab Utilisation of Surplus Area Scheme, 1973 (for short the Scheme). The mutation of the said land was sanctioned in his favour on 14.7.1975. Hazara Singh sold a part of the land allotted to him to Nath a Singh and others through a registered sale deed dated 2.11.1979. Mutation of this sale was sanctioned in favour of the vendees in November, 1979. After about 5 years the allotment in favour of Hazara Singh was cancelled on the ground that he could not sell the land allotted to him, in view of the provisions of the Scheme and he had not become the owner thereof. On the cancellation of the allotment mutation was again sanctioned in favour of the Punjab Government in the year 1985. On the basis of the mutation sanctioned in favour of the State Government, the plaintiff-vendees were sought to be dispossessed and consequently they filed a suit for declaration to the effect that they were the owners in possession. The relief of permanent injunction was also prayed.

(3.) The State of Punjab contested the suit on various grounds amongst others that the suit land had been allotted to Hazara Singh under the Scheme and in view of the provisions of the Scheme, the allottee was not competent to transfer the rights in the land for a period of 15 years. It was also alleged that neither the allotment certificate had been issued nor the payments of all the instalments had been made by Hazara Singh allottee.