PURAN SINGH Vs. PIARA SINGH

JUDGEMENT

(1.) This is an appeal under Section 13 of the Punjab Land Revenue Act, 1887 against the order dated 28.1.1998 pass by the Additional Commissioner (Appeals), Jalandhar Division, Jalandhar in a lambardari case.

(2.) On the death of Sunder Singh, incumbent lambardar of village Maqsudpur, Tehsil Bholath, District Kapurthala, applications were invited for the post of lambardar. In response to proclamation for inviting applications, seven persons applied. The case was submitted to the District Collector, Kapurthala by the Sub-divisional Officer (Civil), with his report. Before the Collector, only four persons namely Puran Singh, Balbir Singh, Shangara Singh and Piara Singh appeared and put forth their claims. The District Collector observed in his order dated 30.8.95 that Shangara Singh who is an ex-Sarpanch, is illiterate. Moreover, he is 70 years old. The remaining three candidates are all ex-serviceman and own sufficient land. Puran Singh has better claim, being son of deceased lambardar. No other candidate had any special qualification to counter his hereditary claim. He appointed Puran Singh as lambardar. Against this order, Piara Singh and Shangara Singh filed two separate appeals before the Additional Commissioner (Appeals), Jalandhar Division, Jalandhar who accepted the appeal of Piara Singh, as Puran Singh could not rebut allegation made against him that he was defaulter in payment of loan of society/Bank and had mortgaged his land with the Bank and with three other persons. Against this order, the appellant filed revision/appeal before the Financial Commissioner, Cooperation. The Financial Commissioner, Cooperation vide his order dated 19.7.1999 upheld the order dated 28.1.1998 passed by the Additional Commissioner (Appeals). Aggrieved by this order the appellant filed review/application which was also rejected vide order dated 30.8.1999. Puran Singh then challenged the matter before the High Court and the learned High Court remanded the case to the Financial Commissioner with a direction to decide the case afresh. The case has, therefore, been heard accordingly.

(3.) A notice was issued to the respondent for putting in appearance on 27.8.2001. Shri G.S. Nagra, Advocate, counsel for the respondent appeared in response. Since the case was complete, the same was fixed for arguments.