MEHNGA SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The dispute between Mehnga Singh, petitioner, and Amar Kaur, respondent, is about house No. E.F. 119, Railway Road, Jalandhar, which was evacuee property. This house was in occupation of Nirmal Singh (deceased-husband of Amar Kaur respondent) and Teja Singh, respondent. On 31st July, 1962, it was provisionally offered to Nirmal Singh at a tentative price of Rs 600/-, as actual price thereof had not been determined. In August, 1963, at the time of the determination of the eligibility of Nirmal Singh for the transfer of the house, it was found that as the same was in occupation of two persons it could not be transferred to one of the occupants because of abrogation of Rules 30 and 31 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (hereinafter referred to as the Rules). The provisional offer already made to Nirmal Singh was withdrawn on 22nd May, 1964, and the house was ordered to be auctioned The house was auctioned on 27th June, 1964 and the highest bid offered was that of the petitioner for Rs. 4050/-.

(2.) Nirmal Singh, feeling aggrieved by the order dated 22nd May, 1964 withdrawing the provisional offer of transfer of the house, filed appeal which was decided by the Regional Settlement Commissioner on 4th July, 1964. Teja Singh, respondent, filed an affidavit before the Regional Settlement Commissioner withdrawing his claim for the transfer of the house in favour of Nirmal Singh. The Regional Settlement Commissioner held that, Teja Singh had withdrawn his claim, the house for all purposes may be treated as occupied by one person, i. e. Nirmal Singh. The appeal was accepted and the case was remanded to the Managing Officer for examining the eligibility of Nirmal Singh for transfer of the property to him. Mehnga Singh, petitioner, filed an appeal against the order of the Regional Settlement Commissioner dated 4th July, 1964, under Section 24 of the Displaced Persons (C & R) Act, 1954 (hereinafter referred to as the Act), which was disposed of vide order dated 27th October, 1965 (Annexure P-1). The Chief Settlement Commission. did not agree with the view taken by the Regional Settlement Commissioner that Nirmal Singh should be taken as sole occupant of the house for all purposes as Teja Singh had withdrawn his claim for the transfer of the house. It was further held that the house being in occupation of two persons, could not be transferred because of abrogation of Rule 31 of the Rules. The order of the Regional Settlement Commissioner dated 4th July, 1964, was consequently set aside. In January, 1968, Nirmal Singh, petitioner filed an application for review of the order of the Chief Settlement Commissioner dated 27th October, 1965, praying that the property be put to re-auction. This petition was dismissed by the Chief Settlement Commissioner vide order dated 21st July, 1968 (Annexure P-3).

(3.) The highest bid offered by the petitioner for Rs. 4050/- in the auction of the house which took place on 27th June, 1964 was confirmed on 15th June, 1967, and he was issued the sale certificate on the 23rd March , 1969.