DARSHANJIT KAUR Vs. FINANCIAL COMMISSIONER PLANNING

JUDGEMENT

(1.) THIS writ petition was admitted on August 31,1993. While ordering dispossession -of stay ad -interim notice regarding stay was also given. There was very serious dispute regarding the factum of possession. Both parties were claiming that they were in possession of the land in dispute. Even a Local Commissioner was appointed for that purpose. The arguments on stay matter were lengthy and I thought it appropriate to hear the parties in the main case/The parties counsel consented that the main case itself be decided. Consequently, I heard learned counsel for the parties in the main case.

(2.) THE facts giving rise to the present petition may be noticed. Motu Ram and Naru Ram sons of Jodha Ram were the displaced persons from West Pakistan and in lieu of the laud left by them in Pakistan, they were held entitled to allotment of certain rural land under Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'Act'). Vide orders dated 29.9.1977, 25.10.1977 and 15.2.1978, agricultural land measuring 131 Kanals 8 Marlas in Village Malkana, Tehsil Samana, District Patiala was allotted to them by the Tehsildar (Sales) -cum -Managing Officer, Patiala. Some parts of the allotments were cancelled on the ground that the area allotted to them was within the municipal limits of Samana Town. Allotment in favour of the above two persons included the land comprised in Rect. No. 107 Killa Nos. 16/17 and Rect. No. 108 Killa Nos. 14/15/16/17 measuring 32 Kanals. Petitioner had purchased from the department certain land in open auction held on 3.2.1969 which included the above -mentioned Khasra Nos. measuring 32 Kanals. It may be observed here that the petitioner's husband was also held entitled to the allotment of land upto allot ability limit of Rs. 14769/ -. under Chapter -V -A of the Displaced Persons (Cand R) Rules, 1955 (hereinafter referred to as the Rules). She Was allotted on this count 54 Kanals 14 marlas of land. This allotment became the subject -matter of litigation which ended in this Court when the petitioner filed C.W.P. No. 873 of 1973 decided on 3.3.1982 Revenue Law Reporter 190.

(3.) IT may be observed that after the allotment of land to Motu Ram and Naru Ram, the proprietary rights were conferred on them on 15.3.1978. Some part of the land was purchased by Smt. Bhagwanti, Mohinder Kumar and Suresh Kumar respondents on 30.1.1981 by way of registered sale deed. After the death of Naru Ram the land was mutated in the names of his sons Jagdish Karaal and Rajejev Kamal alongwith his daughter Vidya Devi. After the sale of some part of the land by Motu Ram and Naru Ram or their successors in interest, the mutations regarding the sale -deed sanctioned in the names of the vendees.