ONKAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the instant writ petition, Onkar Singh son of Mela Singh has impugned the order dated 18.5.1999 passed by the Financial Commissioner, Revenue, Punjab, vide which he has set aside the orders dated 14.5.1993 (Annexure P-9) and 21.8.1996 (Annexure P-10), passed by the chief Settlement Commissioner, Hoshiarpur, in which the auction sale held on 25.3.1968 in favour of Amrik Singh (predecessor of respondents No. 7 to 10) was held to be void ab initio and nullity; and the land in question was ordered to be transferred to the petitioner under the policy of the Government on the basis of his possession.

(2.) THE case has got very old and chequered history dating back to pre- partition days. The total land in question measuring 1409 sq. yards situated in Hoshiarpur was the ownership of the Muslims, namely, Sher Jumma Khan, and Mohammad Jusif Khan. This property was given on rent to M/s. Jagan Nath Ram Lal at the monthly rent of Rs. 35/- in the year 1944. M/s. Jagan Nath Ram Lal inducted Mela Singh (father of the petitioner) and Jagat Ram as sub-tenants on this property. But, subsequently, the aforesaid two persons became direct tenants of the aforesaid Muslim owners by executing a Rent Note dated 16.7.1946 on payment of Rs. 90/- per month as rent. Thereafter, Jagat Ram surrendered his tenancy and the aforesaid Mela Singh became the sole tenant under the aforesaid Muslim owners. Mela Singh also inducted sub-tenants on some portion of the property and started receiving rent from them. During partition in the year 1947, the aforesaid Muslim owners migrated to Pakistan and Mela Singh remained in possession of the aforesaid land as tenant of the Muslims along with the sub-tenants from whom he used to receive rent. After partition, the property became evacuee property and the same vested in the Central Government. The custodian of the Evacuee property started receiving rent from Mela Singh on the basis of the receipts issued by the evacuee owners.

(3.) ON 29.8.1966, the Regional Settlement Commissioner asked the District Rent and Managing officer, Jalandhar to schedule the property for auction. Thereupon, the District Rent and Managing Officer reported that the property was scheduled for auction but the occupation of the sub-tenants could not be regularised as Mela Singh was still lessee of the property and the rent was being recovered from him. Mela Singh also filed an application for stopping the aforesaid auction. Subsequently, vide his order dated 29.4.1967, the District Rent and Managing Officer, Jalandhar cancelled the lease of the land in question in favour of Mela Singh and it was held that he was liable to pay rent at the rate of Rs. 90/- per month. As regards the rent recovered by Mela Singh from sub-tenants, he was directed to deposit the same with the Department.