RESHAM SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The controversy here is with regard to evacuee land allotted in excess of his entitlement to Jita Singh son of Sher Singh, a displaced person, in lieu of land left behind him in Pakistan. This excess allotment being to the extent of 7.6-1/2 standard acres.

(2.) It appears that the excess allotment of land made in favour of the said Jita Singh was discovered as far back as 1951 and an order was passed on July 7, 1951, cancelling this excess allotment, but this order was nit implemented either at the spot or in the revenue papers till August 3, 1974. Jita Singh died by this time and he had been succeeded by Resham Singh and others. It is the case of these successors-in-interest of Jita Singii that on September 13, 1974, that is within 30 days of the implementation of the order cancelling their excess allotment that they applied for the purchase of this land, but to date, no order has been passed thereon.

(3.) The other contesting party here is a war widow Manjit Kaar, who, in the meanwhile had been allotted 80 (Canals of land, which includes the land claimed by Resham Singh and others. It has come on record that the said Manjit Kaur has already obtained possession for 28 kanals and 19 marlas of land out of the land allotted to her. The remaining land allotted is in possession of Resham Singh and others.