STATE OF HARYANA Vs. RUHLA

JUDGEMENT

(1.) THIS is a Reference Petition, filed by the State of Haryana through Tehsildar (Sales) Headquarter, Rehabilitation Department, under Section 54 of the Administration of Evacuee Property Act, 1950, against the Order, dated 9.12.1974 passed by the Assistant Custodian General, Haryana and Order, dated 19.5.75 passed by the Tehsildar (Sales)-cum-Assistant Custodian, Karnal.

(2.) THE brief facts of this case are that Abdul son of Alladia, resident of Village Kunda Kalan, Tehsil Nukar, District, Saharanpur (U.P.) filed Revision Application, dated 23.3.73, under Section 27 of the Administration of Evacuee Property Act, 1950, before the Custodian General of Evacuee Property, Jaisalmer House, New Delhi, against vesting of his land in favour of the Custodian, stating further that he was owner of 1/36 share of agricultural land in khwat No. 6, equivalent to 54 bighas 8 biswas in Village Kunda Kalan, Tehsil and District Karnal; and he did not migrate to Pakistan and had been residing in Village Kunda Kalan, Tehsil Nukar, District Saharanpur (U.P.) and in that place has also owned land which was never treated as Evacuee Property and that land is under his cultivating possession and stated that the land of village Kunda Kalan, Tehsil and District Karnal, was non-Evacuee Property and could not vest in the Custodian and the said vesting is illegal and without jurisdiction.

(3.) THE Tehsildar (Sales)-cum-Assistant Custodian vide, Order dated 19.5.1975, held that the area to be restored was Banjar Qadim in the year 1947 which is equivalent to 3-3 Std. Area and allowed the alternative allotment to this extent.