HARBANS SINGH Vs. CHIEF SETTLEMENT COMMISSIONER PUNJAB

JUDGEMENT

(1.) ONE Krishan Lal a displaced person was allotted an area of about 508 bighas of evacuee agricultural land in lieu of land left by him in Pakistan. In due course proprietary rights were conferred on him by the Managing Officer and he became full owner thereof. After the conferment of the proprietary rights, Krishan Lal, the original owner, sold his land by various sale deeds from 1957 to 1959 to different vendees. After Krishan Lal had sold the land transferred to him by the Rehabilitation Department to the vendees, it was found by the Rehabilitation Department that his allotment to the extent of 6. 131/2 standard acres, equal to about 54 bighas and 9 biswas, was in excess and in accordance with law the proprietary rights to the extent of then aforesaid area were cancelled by the Rehabilitation Department. The order of cancellation is not in dispute.

(2.) AS a consequence of the cancellation of the 54 bighas and 9 biswas from the allotment of Krishan Lal, this much area had to be retrieved by the Rehabilitation Department from the vendees as by that time the original owner had sold away the entire allotted area including the area which was found to be in excess.

(3.) THE Rehabilitation Department retrieved the excess area from the last vendees of Krishan Lal, who purchased the land from him in the sales made by him in the years 1958 and 1959. The persons who purchased from Krishan Lal in the year 1957 were saved.