RAJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The plaintiffs have come up in this Regular Second Appeal by assailing the judgment of learned trial Court vide which Civil Suit No. 477 of 15.11.1985 was dismissed and also that of the first appellate court dated 24.12.1987 vide which appeal preferred by them was dismissed.

(2.) Indisputedly, earlier Harminder Singh, Purshotam Singh, Narrautam Singh were the erstwhile owners of the suit property. The same was declared surplus under the provisions of Punjab Land Reforms Act, 1972 (in short 'Act of 1972) and mutated vide mutation Nos. 2076 and 2077 (Ex. D1 and Ex. D2 respectively) in the name of State of Punjab. The Punjab Utilization of Surplus Area Scheme, 1973 (for brevity 'the Scheme') was formulated for the purpose of ultilization of the surplus area. The Scheme has been enacted in pursuance of Section 11 of the Act, 1972 Consequently, the surplus area was proposed to be allotted to Ram Singh son of Mangal Singh vide order dated 12.08.1975 (Ex. D5) and dated 01.07.1975 (Ex. D6). However, it has been stipulated in Ex. D6 that the fair rent had not been assessed and that after its assessment, the compensation shall be imposed upon the allottee and allotment certificate shall be issued to him on payment of the compensation/consideration.

(3.) Instead of awaiting issuance of the allotment certificate, mutations (Ex. D3 and D4) have been sanctioned in the name of Ram Singh.