REGENT COMPUTRONICS PVT. LTD.

SUKH RAM DASS Appellant

V/S

DISTRICT AND SESSIONS JUDGE Respondents

Referred Judgements :-

ATTAR SINGH V. BHAIK CHAND [REFERRED TO]
KHEMAN V. ADDITIONAL DIRECTOR C/H,FEROZEPORE AND OTHERS [REFERRED TO]
JASMER KAUR AND ANR. V. STATE OF PUNJAB AND ORS [REFERRED TO]
DARSHAN SINGH AND OTHERS V. MOHINDER KAUR (NOW DECEASED) AND OTHERS [REFERRED TO]
CHETAN SINGH V. ADDL. DIRECTOR,LAND HOLDINGS,PB [REFERRED TO]
HARCHARAN SINGH AND OTHERS V. ADDITIONAL DIRECTOR,CONSOLIDATION OF HOLDINGS PUNJAB AND ORS [REFERRED TO]
ZILE SINGH V. CHUNNI LAL [REFERRED TO]
COMMISSIONER OF INCOME TAX BOMBAY VS. AMRITLAL BHOGILAL AND CO [REFERRED TO]
ABDUL HAKIM KHAN VS. REGIONAL SETTLEMENT COMMISSIONER CUM CUSTODIAN OF EVACUEE PROPERTY BHOPAL [REFERRED TO]
DARYAO HURMAT S O SATWA MAHENDRA LAL JAINI ROOP CHAND BRUHAN KUMAR SADASHIV RAMCHANDRA DALVI VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF UTTAR PRADESH VS. VIJAY ANAND MAHARAJ [REFERRED TO]
STATE OF MADRAS VS. MADURAI MILLS CO LIMITED [REFERRED TO]
SHANKAR RAMCHANDRA ABHYANKAR VS. KRISHNAJI DATTATREYA BAPAT [REFERRED TO]
GOJER BROS PRIVATE LIMITED VS. RATAN LAL SINGH [REFERRED TO]
WORKMEN OF COCHIN PORT TRUST VS. BOARD OF TRUSTEES OF THE COCHIN PORT TRUST [REFERRED TO]
AHMEDABAD MANUFACTURING AND CALICO PRINTING COMPANY LIMITED VS. WORKMEN [REFERRED TO]
INDIAN OIL CORPORATION LIMITED VS. STATE OF BIHAR [REFERRED TO]
STATE OF MAHARASHTRA VS. PRABHAKAR BHIKAJI INGLE [REFERRED TO]
NARAYANA DHARMASANGHOM TRUST VS. SWAMI PRAKASANANDA [REFERRED TO]
GRAM PANCHAYAT KAKRAN VS. ADDITIONAL DIRECTOR OF CONSOLIDATION [REFERRED TO]
KUBHAYAMMED VS. STATE OF KERALA [REFERRED TO]
BANK OF INDIA VS. MEHTA BROTHERS [REFERRED TO]
AUDHOGIC KARAMCHARI GROUP HOUSING SOCIETY LIMITED VS. DELHI DEVELOPMENT AUTHORITY [REFERRED TO]
KUNDAN LAL VS. HARI RAM [REFERRED TO]
KUNDAN SINGH VS. ADDITIONAL DIRECTORCONSOLIDATION OF HOLDINGSPUNJAB [REFERRED TO]
DEVINDER NATH ALIAS DEVINDER SINGH VS. KISHORI LAL [REFERRED TO]
DAYA WANTI VS. YADVINDRA PUBLIC SCHOOL [REFERRED TO]
KIRANJ CO OPERATIVE CREDIT AND SERVICE SOCIETY LIMITED VS. STATE OF HARYANA [REFERRED TO]
GRAM PANCHAYAT, SHITABGARH VS. DIRECTOR, CONSOLIDATION OF HOLDINGS, PB. [REFERRED TO]

JUDGEMENT

(1.) Issue of significant importance concerning the Doctrine of Merger and that of Res judicata would arise for consideration in the present writ petition. At stake is the right of the petitioners and that of respondent No. 2 concerning the property, which was mortgaged before partition by respondent No. 2 to a person, who migrated to Pakistan after partition. Whether such a mortgaged property become evacuee property to be dealt with by custodian would be another important question requiring determination ?.

(2.) THE petitioners while challenging order, Annexure P6, passed by District and Sessions Judge, Hoshiarpur (respondent No. 1) exercising revisional powers under the Evacuee Interest (Separation) Act, 1951 (for short "the Act") would urge that respondent No. 1 could not have set at naught the proceedings finally determined by competent officer after 16 years, that too without sufficient cause shown, when the sale in favour of the petitioners had been confirmed and finalised much earlier.

(3.) IT is stated that the claim in respect of mortgage deed dated March 10, 1947 though was not submitted in time, but still the competent officer entertained the claim on October 12, 1962. He accordingly ordered that mortgagee can redeem the land on payment of Rs. 8002/- (Rs. 2/- being notice charges). The money was required to be deposited in the treasury and the challan was to be presented before the competent officer on November 17, 1962. The mortgage amount, however, was not deposited. The competent officer extended the time upto January 1, 1963. Neither the amount was deposited on the date fixed nor the mortgagee appeared before the competent officer.

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SUKH RAM DASS Vs. DISTRICT & SESSIONS JUDGE

Referred Judgements :-

JUDGEMENT

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