KARAM CHAND AND OTHERS Vs. THE STATE OF PUNJAB THROUGH THE FINANCIAL COMMISSIONER (REVENUE) AND OTHERS

JUDGEMENT

(1.) The writ petition was taken up along with C.W.P. No.7708 of 1989. The case was decided by this Court on 03.07.2013 upholding the order passed already and dismissing the writ petition.

(2.) Learned counsel Mr. C.B. Goel sought for permission of the Court to detach the case from the above case on a consideration that there are other documents which are available to prove the bona fides of the purchase and the case must obtain a different consideration. He also sought time to produce appropriate documents to show that as purchasers, their possession had been entered in the records even in the year 1967 and the cancellation of allotment made more than 16 years after the purchase was grossly inequitable. The petitioners' claim that they were bona fide purchasers for value without notice of any defect and the cancellation of sales made by the authorities under the Act namely The Displaced Persons (Compensation and Rehabilitation) Act, 1954 was not justified at all.

(3.) It must be noticed that the above Act of 1954 specifies distinct categories of persons, who are entitled to allotment. The allotment obtains only to persons, who had been evacuees and who had lost their properties in Pakistan and who were required to be rehabilitated. The Act served a large social purpose to accommodate persons, who had lost everything in the partition and who were required to be appropriately compensated for value of the property in some measure to the extent of value which is lost in the place now in Pakistan. The plaintiffs' claimed that they are purchasers from Arur Singh and Bhan Singh. The cancellation was made by the State on a finding that the petitioners had obtained a mutation in the year 1977 on the basis of their alleged purchase and only at the time of verification of the records, it seemed that the property belonging to the Government had been wrongly mutated in favour of the petitioners by taking an advantage of revenue entries in jamabandi for the year 1966-67. The Government claimed that there had been no allotment of property at any point of time to Arur Singh and Bhan Singh and they were also not persons, who were entitled to such allotments under the Act.