BEER SINGH (BIR SINGH) Vs. UNION OF INDIA THROUGH THE SECRETARY TO GOVT. OF INDIA, MINISTRY OF DEFENCE, NEW DELHI AND OTHERS

JUDGEMENT

(1.) BEER Singh son of Hira Singh owned 57 Kanals 2 Marias of agricultural land comprised in Khasra Nos. 23/4, 5, 6/1, 30/10, 11/1, 23/6/2, 7, 14 to 16 situated in village Bhucho Khurd tehsil and district Bhatinda. Beer Singh is alleged to have migrated to Malaysia more than 63 years back. Alleging that Beer Singh had not been heard of for more than 7 years by the next of the kin in respondent Nos. 5 to 7, the respondents got a mutation of his landed estate aforesaid attested in their favour on 5th March, 1963. There was litigation in revenue courts and ultimately on 21st July, 1981 entries in revenue papers regarding title of Beer Singh over this land were restored.

(2.) BEFORE this date, however, the landed estate of Beer Singh was acquired for the establishment of cantonment at Bhatinda. On the basis of mutation dated 5th March, 1963, in their favour respondent Nos. 5 to 7 claimed compensation of the acquired land from the Land Acquisition Collector. Since there was a dispute between respondent No 5 and respondent Nos. 6 and 7 at to who amongst them is heir and legal representative of Beer Singh, the Land Acquisition Collector respondent No. 3 referred the matter to District Court respondent No. 4 for determination on 28th January, 1982. Controversy inter -se between respondents No. 6 and 7 on one side and respondent No. 3 on the other was resolved through civil court judgment and decree dated 25th March, 1982 in civil suit No. 434 filed on 21st August, 1981 holding respondent Nos. 6 and 7 to be owners of this land.

(3.) I have heard Shri J.R. Mittal, Advocate, learned counsel for the petitioner, Shri V.K. Bali, Advocate, for respondent No. 5, Shri R.L. Gupta, Advocate, for respondents Nos. 6 and 7 and have carefully scrutinised the record.