CHUNI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners 2 and 3 are the sons of Chuni Lal, petitioner 1, while petitioner 4 is his wife. Petitioner 1 and his sons formed a joint Hindu family which owned 149 standard acres 5-3/4 units of land in village Khatwan, tehsil Fazilka, district Ferozepore, in 1952 but the name of petitioner 1 alone was entered as owner in the revenue records. On January 13, 1953, petitioner 1 transferred 3/4th share in the land to petitioners 2 to 4 by way of family settlement which was recorded in a family bahi on that date. No mutation was, however, entered in the revenue records. In 1958 petitioners 2 to 4 filed a suit in a civil Court against petitioner 1 claiming ownership of their share of the land on the basis of the family settlement and obtained a decree on June 7, 1958. On the basis of that decree mutation No. 146 was entered in the revenue records on July 12, 1958, which was sanctioned on April 11, 1959. From that date petitioners 2 to 4 became recorded owners of the land in the revenue records.

(2.) The Collector surplus, Ferozepore district, respondent 5, determined the surplus area of petitioner 1 on July 19, 1961, in the absence of the petitioners. The Collector took ex parte proceedings on the ground that according to the report of the peon who went to serve petitioner 1, the latter refused to accept service and this endorsement of the peon was attested by one Mani Ram. On the basis of this report the Collector considered that petitioner 1 had been served and was absent in spite of service and, therefore, ex parte proceedings were taken against him. It is mentioned in the order that the transferees, that is, petitioners 2 to 4, were also summoned but they too did not attend in spite of the receipt of the notice and for this reason ex parte proceedings were taken against them also. Against that order petitioner 1 filed an appeal before the Additional Commissioner, Jullundur Division, which was dismissed on May 6, 1963. Petitioner 1 then filed a revision petition which was dismissed by Shri E.N. Mangat Rai, Financial Commissioner, by order dated November 22, 1963. Petitioner 1 made a review application which was dismissed by Shri Sarup Krishan, Financial Commissioner, Planning, Punjab, by order dated April 21, 1964. The petitioners then filed the present writ petition in this Court on August 24, 1964, which was admitted on August 26, 1964.

(3.) The written statement was filed by Shri Amarjit Singh on behalf of the respondents which is dated March 29, 1967. The petitioners then filed an application (Civil Miscellaneous No. 5299 of 1968) for taking an additional ground by way of amendment of the petition under Order 6 Rule 17 of the Code of Civil Procedure, which was allowed by P.C. Jain, J. by order dated November 29, 1968. Along with the miscellaneous application the petitioners filed the amended writ petition dated November 21, 1968, to which a return has been filed by Shri Amar Singh, Under Secretary to Goverment, Punjab, Revenue Department, on behalf of the respondents.