GURBAX SINGH S OCHANDA SINGH Vs. FINANCIAL COMMISSIONER
LAWS(SC)-1990-9-18
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on September 21,1990

GURBAX SINGH S/O CHANDA SINGH Appellant
VERSUS
FINANCIAL COMMISSIONER Respondents


Referred Judgements :-

BISHAN PAUL VS. MOTHU RAM [RELIED ON]
STATE OF KERALA VS. N RAMASWAMI IYER AND SONS [RELIED ON]



Cited Judgements :-

QAYYUM KHAN VS. DDA [LAWS(DLH)-2006-1-55] [REFERRED TO]
DIGITAL DEVICES LIMITED VS. STATE [LAWS(DLH)-2006-5-235] [REFERRED TO]
NANDLALL AND SONS TEA INDUSTRIES P LTD VS. STATE OF ASSAM [LAWS(GAU)-2007-3-22] [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. C KONDAPI [LAWS(APH)-1992-4-45] [REFERRED TO]
S L BALAKRISHNA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1992-10-30] [REFERRED TO]
CO OPERATIVE TENANT FARMING SOCIETY MALKAPUR LTD VS. JOINT COLIECTOR CUM DEPUTY CUSTODIAN OF THE EVACUEE PROPERTY NALGONDA [LAWS(APH)-2000-9-4] [REFERRED TO]
U O I VS. QAYYUM KHAN [LAWS(DLH)-2009-4-28] [REFERRED TO]
INSTITUTE OF PUBLIC HEALTH and HYGIENE VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2001-4-104] [REFERRED TO]
JOHN CLEMENTS VS. ALL CONCERNED [LAWS(APH)-2003-5-33] [REFERRED TO]
STATE OF MADHYA PRADESH VS. MAHAVIR JADI BUTI AYURVED BHAWAN [LAWS(MPH)-1995-10-8] [REFERRED TO]
SACHITAKUMARSINHA VS. STATE OF BIHAR [LAWS(PAT)-1994-12-19] [REFERRED TO]
SUKHDEV SINGH VS. FINANCIAL COMMISSIONER REVENUE [LAWS(P&H)-2004-5-20] [REFERRED TO]
PUNJAB WAKF BOARD VS. RAGHBIR SINGH [LAWS(P&H)-2004-8-144] [REFERRED TO]
KURE VS. DALIP SINGH [LAWS(DLH)-2014-2-323] [REFERRED TO]
LAKHPAT RAJ JUNEJA VS. UNION OF INDIA [LAWS(SC)-2000-2-158] [DISTINGUISHED]
SHARVAREE P NAIK VS. GOA UNIVERSITY THROUGH ITS REGISTRAR [LAWS(BOM)-2003-12-105] [REFERRED TO]
KARUPPAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2013-8-134] [REFERRED TO]
SHRI CHINDHU FAKIRA SATALE VS. SAU.VITHABAI KASHINATH JADHAV [LAWS(BOM)-2016-10-9] [REFERRED TO]
SAJAL KUMAR AND ANOTHER VS. DISTRICT JUDGE BALLIA & 14 OTHERS [LAWS(ALL)-2016-5-301] [REFERRED]
ANIL KUMAR AND ORS. VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2016-1-451] [REFERRED TO]
NAND KUMAR SINGH VS. INDICA COMPOSITE PRIVATE LIMITED [LAWS(JHAR)-2018-4-7] [REFERRED TO]
DIVESH KAPOOR VS. SURESH BHATIA [LAWS(P&H)-2020-1-242] [REFERRED TO]
MANTOSH DEB VS. STATE OF TRIPURA [LAWS(TRIP)-2021-2-82] [REFERRED TO]


JUDGEMENT

- (1.)Special leave granted.
(2.)This appeal is from the Judgment and Order dated August 24, 1988 of the Punjab and Haryana High Court dismissing the appellant's writ petition for quashing the order of the Financial Commissioner Punjab dated 9-2-1988 declaring the second respondent to be eligible for allotment of the lands in dispute under Rule 34C of the Displaced Persons Compensation and Rehabilitation Rules 1955 (hereinafter referred to as 'the rules') framed under the Displaced Persons Compensation and Rehabilitation Act, 1954 (hereinafter referred to as 'the Act).
(3.)The land in dispute (hereinafter referred to as 'the land') bearing Khasra Nos. 17/8/1, 8/2 and 8/4 admeasuring 7 Kanals 4 Marlas in the Revenue Estate of Shahzada Nangal, Gurdaspur, was owned by one Vinod Kumar. The second respondent claimed to have been in its cultivating possession in the years 1953-54, 1956-57. In 1957-58 and 1958-59 he was recorded as a sub-lessee under one Budha Singh lessee on annual rent of Rs. 100/-. In 1958 the lease in favour of Budha Singh was cancelled with information ti him by the Rehabilitation Department whereupon the second respondent's right as sub-lessee came to an end. Consequently the second respondent was no longer recorded as lessee or sub-lessee after 1958-59.
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