MEHANGA RAM Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) PROPERTY No. 1976/11, inside Hathi Gate, Gali Loharanwali, Amritsar, was allotted to Smt. Durga Devi, mother of respondent No. 4, who was a displaced person from Pakistan, in the year 1950. She continued to be in possession throughout. Vide agreement dated 16. 1. 1963 (Annexure P-l), it was transferred in her favour in lieu of Rs. 3,324/ -. She paid Rs. 665/- in cash as earnest money. The balance amount of Rs. 2659/- was agreed to be paid by her in seven yearly instalments and the first instalment had to fall on 14. 1. 1964. She paid few instalments. But subsequently on her having committed default in payment of further instalments, the Managing Officer cancelled the transfer without affording her any opportunity of being heard. She challenged the said order of cancellation by filing an appeal before the Settlement Commissioner who accepted the same vide his order dated 23. 8. 1969. She deposited Rs. 770/- alongwith three more instalments, two being of Rs. 380/- each and the 3rd of Rs. 400/- pertaining to the year 1964-65 and 1969. It was directed that the Managing Officer will determine the balance amount which would be paid by her by 15. 9. 1969, failing which the property in question would be sold by public auction. The Managing Officer vide registered notice dated 20. 1. 1970 called upon her to pay the balance amount without specifying any amount. Subsequently notices dated 31. 12. 1974, 14. 2. 1975 and 13. 10. 1977 were also put in the course of postal transmission to her address.

(2.) THE petitioner claiming to be the occupant of the said property for about seven years, applied to the Department for allotment of the same in his favour. The Naib Tehsildar-cum-Managing Officer, Amritsar recommended to the Settlement Officer-cum-Managing Officer for transfer of the said property in favour of the petitioner, he being in its exclusive possession and a displaced person. Accepting the said recommendations, the Settlement Officer transferred the property in question in favour of the petitioner for Rs. 9,556/ -. The entire amount having been paid conveyance deed was issued in his favour on 14. 9. 1978.

(3.) CHAMAN Lal, claiming to be the legal representative of Shri Durga Devi, filed an appeal against the order dated 24. 10. 1973 passed by the Managing Officer (Headquarters), Jullundur vide which his claim was rejected. The Settlement Commissioner dismissed the appeal vide his order dated January 9, 1979. Then he preferred a revision under Section 24 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short 'the Act') against the said order of the Settlement Commissioner. The Chief Settlement Commissioner Punjab Rehabilitation Department, Jullundur vide his order of May 4,1979 accepted the revision.