SAHIB SINGH Vs. FINANCIAL COMMISSIONER (TAXATION) PUNJAB

JUDGEMENT

(1.) This is a writ petition relating to House No. B.X. 237, Mohalla Iqbal Ganj, Ludhiana.

(2.) The petitioner's case is, that a portion of the house is in his possession since, 1950, that he applied for regularisation of his possession but during the pendency of his application and without any notice to him, the house was transferred in favour of Chela Ram, respondent No. 3, that the (Sahib Singh petitioner) filed an appeal against the order of transfer of the house in favour of Chela Ram, that the same was accepted by the Settlement Commissioner on 4.7.1958 and that the case was remanded. He further alleged that the order of remand was set aside by the Chief Settlement Commissioner on 1.4.1959 and the case was sent to the Regional Settlement Commissioner for redecision of the matter after hearing the parties and that the Settlement Commissioner regularised his possession and the case was ordered to go back to the Assistant Settlement Officer for deciding the question of transfer of the house after hearing both the parties. Further, according to him, Chela Ram, respondent No. 3, filed appeal, revision and writ petition against that order, but remained unsuccessful.

(3.) The Assistant Settlement Officer decided the case in favour of Sahib Singh petitioner. Chela Ram respondent, filed an appeal against the said order of Assistant Settlement Officer before the Assistant Settlement Commissioner. The said appeal was fixed for 20.9.1962 before the Assistant Settlement Commissioner but Chela Ram did not appear and consequently his appeal was dismissed in default. On 7.2.1963 Chela Ram made an application for restoration of his appeal which was allowed on 17.1.1964 without notice to Sahib Singh petitioner. Sahib Singh filed an appeal and revision before higher authorities against the order of restoration of the appeal but remained unsuccessful and consequently filed Civil Writ No. 1328 of 1964 in the High Court which was allowed on 19.5.1967 and it was ordered that :-