ENAKSHI MAHAJAN Vs. SURINDER SINGH AND ORS.

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the Judgment dated 10.04.2006 passed by a learned Single Judge of this Court in CWP No. 296 of 2000.

(2.) THE undisputed facts are that Shri Santokh Singh S/o Shri Partap Singh resident of B/15, Nizamuddin West, New Delhi, (predecessor -in -interest of the original writ petitioner (respondent No. 1 here -in) purchased a property known as Cosy Nook Estate from the District Rent and Managing Officer on 31.10.1961 for a sum of Rs. 52,000/ -. This property was evacuee property and was sold under the provision of Displaced Person (Compensation and Rehabilitation) Act, 1954 (here -in -after referred to as the Act).

(3.) THE appellant also filed a Review Petition under Section 24 of the Act before the Chief Settlement Commissioner, Himachal Pradesh, Shimla on 26.7.1993 in which her complaint was that, actually the land sold to Shri Santokh Singh predecessor -in -interest of the original writ petitioner was only 576 Sq. yards and by forgery the same had been shown to be 856 Sq. yards and 5 Sq. feet. The main allegation was that in the valuation certificate the land was described as 576 Sq. yards. According to the petitioner, the hand written portion of the sale certificate was incorporated some time in 1963 and did not exist in the year 1961. The Chief Settlement Commissioner vide his order dated 18.1.1995 came to the conclusion that there were interpolations and additions made in the sale certificate and the same was illegal and set -aside the same. The Revision Petition filed by the original writ petitioner was rejected by the Financial Commissioner exercising the powers of the Central Government vide his order dated 13.3.2000. Aggrieved by these orders the petitioner filed the writ petition which has been allowed by the learned Single Judge of this Court. Hence, the present appeal.