UJJAL SINGH Vs. PUNJAB WAKF BOARD, AMBALA

JUDGEMENT

(1.) This is an appeal filed by Sh. Ujjal Singh appellant under section 14 of H.P. Land Revenue Act against the order dated 28.7.1988 passed by the Divisional Commissioner Kangra in appeal No. 23/88 whereby the appeal filed by the Punjab Wakf Board. Ambala Cantt. Present respondent No. 1 was accepted and the order of the Settlement Collector Kangra dated 7.11.1987 was set -aside.

(2.) The facts of the case in brief are that the Assistant Collector Ilnd grade attested mutation No. 1587 on the basis of a copy of a sale certificate and thereby ordered to record ownership of evacuee property designated as Unit No. B.I. 35 -101 (P) in favour of one Sh. Karam Singh s/o Sh. Gulab Singh r/o Kotwali Bazar Dharamshala in respect of Khata No. 38 min. khasra Nos. 1005/527/2108. 2127. 2126. kita 3 measuring 222 -33 Sq. Mtrs. Situated in mauza Dharamshala for a consideration of Rs. 4050 -00 through an auction. This property was further purchased by one Sh. Bhagat Singh, the predecessor -in -interest of Shri. Ujjal Singh and others from Sh. Karam Singh vide mutation No. 1596 dated 12.6.1979. Lateron. Shri Ujjal Singh the present appellant presented an application to the Settlement Collector Dharamshala on 6.10.1982 for correction of revenue entries in respect of khasra Nos. 2109 and 2110 measuring 42 -15 Sq. Mtrs. Claiming that these khasra Nos. were owned and possessed by him and other co -shares and their houses has been built on these khasra Nos.. but entry in the revenue record showed Sh. Sita Ram the present respondent No. 2 as tenant which is incorrect and be corrected. It was contended that the khasra Nos. i.e. 2109 and 2110 situated in up -mohal Dharamshala were part of evacuee unit No. BI -35 -101 (P) which had been bought by Shri Karam Singh from the Custodian of evacuee property through an auction for Rs. 4050/ - but these khasra Nos. had not been included in the mutation inspite of sale certificate.

(3.) The learned Settlement Collector after hearing both the parties and on the basis of field reports passed an order by which Shri Sita Ram respondent No. 2 was ordered to be recorded in possession of khasra Nos. 2109. 2110. 2121 and 2122 owned by the present appellant and other co -sharers. The possession column was ordered to reflect Sh. Sita Ram as tenant at a monthly rent of Rs. 3/ - but rejected the claim of Shri Ujjal Singh in respect of khasra Nos. 2117 and 2118 vide order dated 7.11.1987.