BABU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been filed under Section 18 of the Punjab Land Reforms Act, 1972, read with Section 80 of the Punjab Tenancy Act, 1887, against the order dated 4.9.1997, passed by the Commissioner, Faridkot Division, Faridkot, in a surplus area case.

(2.) THE brief facts of this case are, that the surplus area case of Natha Singh son of Kharak Singh, resident of Village Bargari, the predecessor-in-interest of Sukhwinder singh alias Satwinder Singh, respondent No. 4, was decided by the Collector (Agrarian), Faridkot, under the provisions of the Pepsu Tenancy and Agricultural Lands Act, 1955, vide his order dated 16.1.1961, and an area measuring 50.91 Standard Acres was declared surplus with him; out of which, an area measuring 13.23 Standard Acres was situate at Village Bargari, and the remaining area measuring 37.68 Standard Acres, was situate at Village Ransingh Wala. Out of the area situate at Village Bargari, an area measuring 11.86 Standard Acres including 2.66 Standard Acres allotted to Babu Ram, son of Paras Ram, was allotted to the different tenants as settlers under the provisions of the Utilization of Surplus Area Scheme, 1960, framed under the Pepsu Law; and out of this physical possession of an area measuring 3.68 Standard Acres, was delivered to the allottees on 13.5.1963 and 11.12.1963, after vesting the said area in the State Government under the provisions of Section 32E of the Pepsu Law. Natha Singh, a bigh landowner had reportedly died on 30.12.1966, and his property was partly inherited by his daughter Jagraj Kaur and partly it was bequeathed on Sukhwinder Singh through a Will. The surplus area case of Natha Singh was filed by the Collector vide his order dated 27.2.1967.

(3.) OUT of the surplus land, situate at Village Bargari, the appellant Babu Ram was allotted inter alia the land measuring 20 kanlas 12 marlas, as described in the head-note of the appeal, under the provisions of the Utilization of Surplus Area Scheme, 1960, and the physical possession of this land was delivered to the appellant-Babu Ram on 11.12.1963. After the appellant had made payment of the full amount, the ownership was transferred in his name, and the requisite mutation was also sanctioned in favour of the appellant on 1.8.1971. The respondent No. 4, Sukhwinder Singh had moved an application on 7.3.1994, for the restoration of possession of land measuring 20 kanlas 12 marlas, earlier allotted to Babu Ram on the plea that the order dated 16.1.1966 having been set aside by the Commissioner vide order dated 1.8.1966, the allotted area was required to be restored to him. But the Collector (Agrarian), Faridkot, vide his order dated 31.3.1995, had rejected this application. Against this order, Sukhwinder Singh had filed an appeal before the Commissioner, Ferozepur Division, Ferozepur which was later decided by the Commissioner, Faridkot Division, Faridkot, on the creation of Faridkot Division, vide his order dated 4th September, 1997, vide which the appeal was accepted; the Collector's order dated 31.3.1995, was set aside and the possession of the said land was ordered to be restored to Sukhwinder Singh. The present appeal is directed against this order.