LAWS(HPH)-2019-12-60

UNION OF INDIA Vs. JASJIT SINGH BEDI

Decided On December 18, 2019
UNION OF INDIA Appellant
V/S
Jasjit Singh Bedi Respondents

JUDGEMENT

(1.) Aggrieved by the judgment passed by learned writ Court, the writ respondents/appellants have filed the instant Letters Patent Appeal. The parties shall be referred to as the writ petitioners and writ-respondents.

(2.) Brief facts of the case are that the writ petitioners who were then minors, had vide sale deed purchased property known as "Villette Estate" bearing survey number 96 situated a Kasauli Cantonment, District Solan, through their father and natural guardian Sh. Harjit Singh Bedi from one Sh. Panna Lal Sood, representing himself to be the sole and exclusive owner of the property. The property in question had been hired to the Union of India since 1963. It was averred that on 30.01.1983, the attorney holder/guardian of the writ petitioners received a letter from Sh. Panna Lal Sood alongwith notice dated 5.01.1983 vide which the writ- respondents were seeking to resume the property in question. Alongwith the aforesaid notice dated 5.01.1983, a cheque for Rs. 15,680/- as the compensation assessed for the property in question was sent by respondent No.2.

(3.) It was averred that on receipt of the notice and cheque, the attorney holder of the writ petitioners wrote a letter to respondent No.2 against the resumption notice wherein the factum of sale of the property in question to the writ petitioners and the fact that the said sale had been acknowledged by the writ respondents on numerous occasions and the aforesaid cheque was also returned to respondent No.2. Respondent No.2 while addressing the letters to the writ petitioners had been acknowledging the title of the writ petitioners in the property in question and had been recognizing the sale of the property in question of their favour.