SAHI RAM ETC Vs. UNION OF INDIA ETC

JUDGEMENT

(1.) The petitioner have alleged in their petition that Amar Singh, respondent No. 4, is a displaced person from Pakistan. He was allotted 39, Standard Acres 6-3/4 Units of land in village Mirpur, Tehsil Fatehabad, District Hissar, in lieu of his land left in Pakistan and proprietary right with respect to that land were conferred on him in 1956. After the conferment of the proprietary rights, the said respondent sold the land in question to Boota Singh and others on July 27, 1957, by means of registered sale-deed wherein the price was stated to be Rs. 37,595/- The petitioners filed a suit for pre-emption of the land in dispute against Boota Singh and others, which was decreed by Shri Ram Pal Singh, Subordinate Judge 1st Class, Hissar, on payment of Rs. 27,329/5/4 as the pre-emption money. The petitioners deposited the amount in Court and filed an execution application to obtain the possession of the land. During the course of execution proceedings, Union of India filed objections, inter alia, alleging that the allotment made in favour of Amar Singh, respondent No. 4 had been cancelled by the Government being bogus. It was then discovered that some order had been passed by the Managing Officer on February 2, 1959, (as stated by the Chief Settlement Commissioner) cancelling the said allotment but without issuing any notice to petitioners or to the said Amar Singh. The executing Court, however, accepted the objections of the Union of India by order dated August 31, 1960, and directed that the possession of the land could not be delivered to the petitioners-decree-holders.

(2.) The petitioners then filed a suit under Order 21, rule 103, Civil Procedure Code, alleging that the cancellation of allotment of the land in dispute from the name of Amar Singh, if any, was without jurisdiction and, as such, they were not bound by it as they were bona fide purchasers for value without notice of any defect in the title of Amar Singh. This suit was contested by the Union of India but was decreed by the Subordinate Judge 1st Class, Hissar, on October 18, 1962. A perusal of that judgment shows that the following issues were framed in the case :-

(3.) The learned trial Court held all the issues in favour of the petitioners and decreed the suit. Against that decree, the Union of India filed an appeal which was dismissed by the learned Additional District Judge, Hissar, on February 1, 1964, and the decree passed by the trial Court was affirmed. The Union of India did not file any further appeal and allowed that decree to become final.