PARKASH KAUR Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This is a petition for a writ in the nature of certiorari for quashing the orders of the Collector, Ferozepur, dated 16-2-1961 (Annexure 'B') and those of Shri A.L. Fletcher (Financial Commissioner, Revenue, Punjab) dated 14th April, 1965 (Annexure 'D') and for a direction to modify the order of Shri H.B. Lall (Additional Commissioner, Jullundur Division) dated 20th December, 1962 (Annexure 'C') in certain respects. The circumstances in which the impugned orders were passed may first be summarised. Sodhi Harnam Singh, respondent No. 5 (hereinafter called the judgment-debtor) had three brothers, namely, Sodhi Avtar Singh (now represented by his widow Shrimati Pushp Lata, petitioner No. 2 and by his other legal representatives, petitioner Nos. 3 & 4), Sodhi Kartar Singh (now represented by his sons Jasbir Singh and Deshbir Singh, petitioner Nos. 5 & 6) and Sodhi Mohinder Singh whose wife and sons are respondent Nos. 6 to 8. The four brothers owned some joint agricultural property.

(2.) The judgment-debtor took a loan of Rs. 3200/- on the basis of a promissory note from Chet Ram, respondent No. 4, in 1930. In a suit filed by Chet Ram (hereinafter called the decree-holder) against the judgment-debtor as well as against his three other brothers, a money decree was passed by the civil Court on July 2, 1934, against the judgment-debtor alone. In execution of that decree, 1/4th undivided share of the judgment-debtor in the aforesaid joint land was got sold by the decree-holder and purchased by himself in an auction on August 24, 1938. The sale was confirmed in favour of the decree-holder on March 3, 1939. Chet Ram filed a suit for possession of the undivided 1/4th share in the said holding, which claim was decreed and symbolic possession was delivered to the decree-holder on October 25, 1948. The decree for possession was upheld right upto the High Court in R.S.A. No. 1124 of 1947, decided on November 23, 1951.

(3.) Against the second appellate order of the Commissioner, Jullundur Division, the judgment-debtor as well as the petitioners went up in revision to the Financial Commissioner. The decree-holder also filed cross-objections. Shri A.L. Fletcher (Financial Commissioner, Revenue) heard the parties on January 4, 1964 and ultimately disposed of all the three proceedings by his order dated April 14, 1965 (Annexure 'D'). By that order the Financial Commissioner dismissed the petitioners' revision petition as well as the cross-objections of the decree-holder, but allowed the petition for revision filed by the judgment-debtor. In the operative part of his order, the learned Financial Commissioner held as follows :-