STATE OF PUNJAB Vs. PARNAM SINGH

JUDGEMENT

(1.) THE Commissioner, Faridkot Division, Faridkot vide order dated 13.2.1995 decided 31 connected appeals NA Nos. 1, 2, 9-11, 14-16, 21, 22, 25, 28-31, 35, 37-55, all of 1996, against the order dated 13.2.1995 of the SDO(C)-cum-Collector Agrarian, Faridkot, determining the surplus area of one Narinder Singh s/o Basant Singh, in the hands of his heirs, and remanded the case for fresh decision with certain observations.

(2.) NARINDER Singh was a big landowner of village Naraingarh. His return in Form VII-A is the only document available on the record relating to proceedings under the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter 'the Pepsu Act'). He died on 4.3.1973 widowless and issueless. and apparently without filing a return under the Punjab Land Reforms Act, 1972 (hereinafter 'the New Act"). The Tehsildar Faridkot reported on 28.3.1984 that the Collector Faridkot vide order dated 31.1.1961 had allowed 30 SA to the landowner, granted specific exemptions, and declared 2981K 16M with specific Khasra Nos. as surplus area. Notices under Section 9(1) of the New Act issued in 1984, to the persons in ownership or occupation of surplus area. These proceedings appear to have been inconclusive.

(3.) THE inheritance of Narinder Singh was claimed by :- (1) Sukhchain Singh s/o Waryam Singh. His relationship with the deceased was undisputed; (2) Kashmira Singh s/o Lachhman Singh, on the strength of an unregistered Will; (3) Avtar Singh who did not figure in the pedigree table, but claimed to be the closest natural heir; (4) Amardeep Singh s/o Surinder Singh, on the strength of another unregistered Will; and (5) The Government of Punjab, on the principle of escheat. The Assistant Collector Ist Grade held that both Wills were shrouded in suspicion and referred the propounders to the Civil Court. Avtar Singh was unable to establish his claim. Mutation No. 38 was sanctioned in favour of Sukhchain Singh, the person who had the least number of degrees of ascent and descent as per the pedigree table, vide order dated 6.5.1981.