BODH RAJ Vs. RAM NARAIN

JUDGEMENT

(1.) This appeal under clause 10 of the Letters Patent is directed against the judgment of the learned Single Judge whereby he allowed the writ petition and quashed the impugned orders passed by respondents 2 and 3.

(2.) Dr. Ram Narain, respondent No. 1, is a displaced person from West Pakistan where he owned urban agricultural land. In the wake of the partition of the country in 1947, he migrated to India and obtained a lease of 34 kanals and 13 marlas of land in village Alawalpur, district Jullundur. The lease was renewed in his favour from year to year till 1958. However, the aforesaid land was put to auction on August 12, 1958, by the Rehabilitation Department and was purchased by Bodh Raj appellant, along with others. Respondent No. 1 challenged the auction in favour of the appellant and others by way of a writ petition which was allowed on November 21, 1961, by Dua J. (as his Lordship then was). As a result the auction held on August 12, 1958, was quashed and later in compliance with the said judgment the purchase of land by the appellant and others was set aside. Meanwhile respondent No. 1' on January 25, 1961, applied for the transfer of Rs. 10,000/-. Holding the respondent eligible for the same, the District Rent and Managing Officer, Jullundur, offered the same to him for a consideration of Rs. 9,555/- and the said offer was duly accepted and the Department was requested to adjust the sale price from the verified claim of respondent No. 1. Subsequently, the amount of the verified claim of the respondent being Rs. 8,120/- was found to be less than the consideration for the land and, therefore, an application was made for reducing the area of the land sold to him. This was accepted and a reduced area of 23 kanals and 4 marlas in lieu of the verified claim aforesaid was transferred to respondent No. 1 and he was informed accordingly by letter dated May 18, 1964 (Annexure 'C').

(3.) The appellant thereafter, moved a revision petition before the Chief Settlement Commissioner on December 2, 1966 challenging the eligibility of the petitioner to get the said land transferred in his favour.