GURMUKH SINGH Vs. JANDK SPL TRIBUNAL

JUDGEMENT

(1.) KHAIRATI Lal, respondent no. 7's parents, and other adult members of the family were killed by raiders during the disturbances of 1947 in the State of Jammu and Kashmir. Khairati Lal, taken to pakistan Occupied Kashmir during the disturbances, however, managed to return after about 6/7 years.

(2.) THE properties of the family, in the meanwhile, had been however, declared as Evacuees' Property and allotted to various local, and non-local displaced persons. Khairati Lal had obtained requisite certificate under Rule 16 (4) of the Rules framed under the Jammu and Kashmir State Evacuees' (Administration of Property) Act, Svt. 2006 for restoration of his property in full. A detailed enquiry appears to have been held in the matter by Assistant custodian, Rajouri, who directed restoration of the property to him. The property, which was in possession of the locals, was restored to his possession whereas only part of the possession of the property in occupation of the displaced persons could be delivered to him as the other displaced persons had resisted the delivery of possession. Custodian Evacuees' Property, Jammu, therefore, directed the Assistant Custodian, Rajouri to deliver the possession of land which stood restored to respondent, Khairati Lal in 1955 pursuant to the orders passed by Assistant Custodian, Rajouri in this behalf. This was done vide his letter No. 930-AP of september 19, 1964.

(3.) THIS letter of the Custodian Evacuees' Property, jammu directing delivery of possession to respondent Khairati Lal, was questioned by gurbaksh Singh, Jeet Ram, Bishan Singh and Lal singh, in appeal, before learned Custodian General, who dismissed it vide his detailed order of January 27, 1965.