RAM RATTAN Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The twin important questions of law that fall for consideration of this Court are:

(2.) The brief facts of the case are that Khewat No. 202/190 was comprising of 988 canals and 17 marlas of land, situated in the village of the parties. This land was owned by the Hindus as well as the Muslims. Consequent upon the partition of the country in 1947, share of the Muslims co-sharers, who migrated to Pakistan, was declared as evacuee property and the same came to be vested in the custodian. The Joint Khewat No. 202/190 was partitioned by the Tehsildar (sales)-cum-Assistant Collector, 1st Grade, Rohtak, vide order dated 13.03.1989 and the share of Muslims, who migrated to Pakistan was separated from the share of local residents. Mutation No. 2014/1 was sanctioned on 06.04.1989 in favour of custodian department qua the share of Muslims co-sharers, who had migrated to Pakistan.

(3.) However, four Muslims co-sharers, namely, Mehandi Hassan and Vakeel, sons of Mauji, Nazar son of Imamdin and Aziz son of Sajawal stayed back and did not migrate to Pakistan. They continued to remain in cultivating possession of the area to the extent of their shares in the joint holding. Due to an apparent inadvertent mistake, shares of the abovesaid four Muslims co-shares was also included in the evacuee property without any notice to them, probably on the assumption that they has also migrated to Pakistan. Thereafter, these four Muslims owners sold their shares measuring 63 kanals 18 marlas by four separate sale deeds Annexures P-1 to P-4 dated 17.06.1992, in favour of the petitioners. Petitioners approached the Patwari Halka for entering the mutation in their favour on the basis of abovesaid four sale deeds (Annexure P-1 to P-4) but the Patwari declined to enter the mutation on the ground that the land purchased by the petitioners had already been sold in open auction to respondents No. 3 and 4 on 18.01.1989.