TRISHAN SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) This is an appeal filed by Trishan Singh son of Gurpal Singh resident of village Talwandi Malhian, tehsil Zira district Ferozepur, against the order dated 21.11.1972, of the Special Land Acquisition Collector-cum-Competent Authority, Jullundur, wherein he held that the rightful person to receive compensation for the acquired land is Bhagwan Singh respondent because it was from him that the ownership of this property passed to the Ministry of Defence, Government of India and the payment order to pay the amount of compensation to the appellant of this land was cancelled.

(2.) The facts of this case are that Bhagwan Singh respondent was owner of 1/4th share of land measuring 53 Kanals 14-3/4 Marlas situated in the area of village Daya Kalan, tehsil Zira and by notification dated 4.4.63 issued under Section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (30 of 1952) his one-fourth share in this land was requisitioned for a public purpose and its possession was taken by the Ministry of Defence, Government of India on 5th April, 1963. Later on by notification dated 12.3.1971, issued under Section 7(2) of that Act the Government acquired this property. However, Bhagwan Singh sold this property to his brother Trishan Singh appellant for Rs. 25000/-, on the basis of a registered sale deed, dated 12.10.1971, and mutation of this land was attested in the name of Trishan Singh vendee. The Special Land Acquisition Collector-cum-Competent Authority, Jullundur, issued the offer of compensation amounting to Rs. 33,585.93 of this land in favour of Trishan Singh appellant who had purchased this land from Bhagwan Singh respondent, the original owner. Bhagwan Singh respondent then made application under Section 8(1)(f) of the Requisitioning and Acquisition of Immovable Property Act (No. 30 of 1952) (hereinafter called the Act) before the Special Land Acquisition Collector-cum-Competent Authority, Jullundur, (hereinafter called the Special Collector), alleging that after issue of notification of acquisition of this property by the Government on 12.3.1971, this land vested in the Central Government with effect from 12.3.1971, according to the provisions of Section 7(2) of the Act, and he ceased to be its owner from that date and had no right to sell it. However, Trishan Singh, his brother, fraudulently got a sale deed executed from him on 12.10.1971, and the sale is invalid. He, therefore, prayed that the compensation of acquired land may be paid to him as he is the person entitled to get the same.

(3.) There is no contest between the parties regarding the facts mentioned above. Section 7(2) of the Act reads as follows :-