UNION OF INDIA Vs. BABA SURINDER SINGH

JUDGEMENT

(1.) This judgment of ours will dispose of this and connected two appeals (L.P.A. No. 560 and L.P.A. No. 561 of 1981) filed by the Union of India and others under Clause X of the Letters Patent against the judgment of the learned Single Judge of this Court, dated 4th February, 1981, by which C.W.Ps. No. 779, 685 and 1408 of 1969 filed by the private respondents were allowed and the impugned orders were quashed. In order to appreciate the controversy, certain salient features of the case may be noticed.

(2.) One Sir Raja Gurbakhsh Singh Bedi had three sons, namely, Surinder Singh, Daya Singh and Kanwar Dhanwant Singh. In 1945, before the partition of the country, the estate of Sir Raja Gurbakhsh Singh was under the supervision of the Court of Wards and a partition deed was drawn up amongst the three brothers. Baba Surinder Singh, being the eldest son, got some property allotted in India on the basis of being head of the family, as well as for maintaining the status of the family. In addition, he was also allotted land personally owned by him. These allotments were made to him on the basis of claim filed by him before the Custodian. He was allotted 212 standard acres of land on the basis of record received from Pakistan. A single graded cut was applied in his case. His eldest son made a reference on 23rd January, 1954, with the prayer that a distinction between the property which Baba Surinder Singh inherited as the eldest son of Raja Gurbakhsh Singh Bedi for maintaining the status of the family and the property which was inherited from his father according to his share along with his two younger brothers, be clearly made out in the records. The representation was accepted and it was held that the property inherited by Baba Surinder Singh was to the extent of 1138 standard acres as Gaddi property and 198-4-3/4 standard acres was the land allotted to him as his own share from the property of his father. Additional area was given to him as the cut was applied on the slab system. The allotment of Baba Surinder Singh Bedi rose from 212 to 313-12-3/4 Standard Acres.

(3.) On 6th December, 1954, Baba Surinder Singh Bedi made an application to the Rehabilitation Department that before the partition of the country, he had transferred his land in Chak No. 50/4-R in favour of his sons, Avinder Singh, Sardual Singh, Manmohan Singh, Anup Singh, Harinder Singh and Gurdip Singh and his wife Jagjit Kaur. It was claimed that mutation to this effect had been entered in Pakistan, but the same could not be sanctioned because of the disturbances which took place in 1947. However, the Rehabilitation authorities refused to accede to this claim as there was no entry to this effect in the Jamabandi received from Pakistan.