ACHHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Briefly, the facts as given in the writ petition are that Harnam Singh and his son Bishen Singh were owners of some land in Bahawalpur State. Harnam Singh had five sons namely, Achhar Singh, Bhagat Singh, Bishen Singh and Pritam Singh, petitioners, and Jagir Singh, Respondent No. 12. After they migrated to India, Jagir Singh was allotted some land, though he had no land in West Pakistan. He was also conferred proprietory rights of that land in 1955. He then sold it to Respondent Nos. 5 to 11, vide sale deed dated January 10, 1957. Subsequently, it was discovered by the Rehabilitation Authorities that he had no land in West Pakistan and, therefore, the allotment was cancelled by the Chief Settlement Commissioner vide order dated September 5, 1961, and it was allotted to Harnam Singh and Bishen Singh. Harnam Singh had already died on March 11, 1952. The petitioners filed an application to the Managing Officer that they should be delivered possession of the property which had been sold by Jagir Singh to Respondent Nos. 5 to 11. He accepted the application and ordered that the possession of the land which was with Respondent Nos. 5 to 11 be delivered to the petitioners. Respondent Nos. 5 to 11 went up in appeal before the Settlement Commissioner, who accepted it vide order dated October 25, 1966 (Annexure 'E'). The petitioners filed a revision before the Chief Settlement Commissioner against the order of the Settlement Commissioner, which was dismissed by him vide order dated July 31, 1967 (copy annexure 'F'). They have now come up in writ petition against the said order.

(2.) The writ petition had been contested by Respondent Nos. 5 to 11. They have, inter alia, stated that they were bona fide purchasers for consideration and were protected under Section 41 of the Transfer of property Act, (hereinafter called the Act).

(3.) The only question that arises for determination is as to whether Respondent No. 5 to 11 are protected under Section 41 of the Act. This matter is now settled by this Court in Rattan Singh and another v. Chief Settlement Commissioner, Haryana and others, 1978 PunLJ 47, wherein the following observations may be read with advantage :-