KARAM SINGH AND ANOTHER Vs. THE FINANCIAL COMMISSIONER, PUNJAB, CHANDIGARH AND OTHERS
LAWS(P&H)-1980-1-31
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 21,1980

Karam Singh and another Appellant
VERSUS
The Financial Commissioner, Punjab, Chandigarh And Others Respondents

JUDGEMENT

Sukhdev Singh Kang, J. - (1.) SMT . Raj Kaur was a big land -owner. She owned 43 Standard Acres and 6(sic) Units of land in village Mansurwala, Tehsil Zira. District Ferozepur. The Collector declared 13 Standard Acres and 6 Units of Land in her hand as surplus vide his order dated June 13, 1963.
(2.) OAT of this surplus land 19 Standard Acres and 6 Units of land were allotted to Charan Singh and Swaran Singh sons of Bhagwan Kaur on February 1, 1964, The physical possession of the land was delivered to them. Raj Kaur, the land owner, died on March 31, 1965 end her property was mutated in favour of her two real sisters Smt. Bhagan alias Bhagwan Kaur and Smt. Mahan Kaur on April 25, 1965. Smt. Mahan Kaur died and has beer succeeded by her son Karam Singh. Before the death of Kaj Kaur. proceedings had been taken by the competent authority for the cancellation of the allotment in favour of Charan Singh and Swaran Singh. The Collector Agrarian, Ferozepur, cancelled the allotment in their favour vide orders dated March 11, 1966, because Charan Singh and Swaran Singh being the nephews of Raj Kaur land -owner, were not eligible for allotment of the surplus area. They were not entitled to be re -settled on the surplus area of Smt. Raj Kaur.
(3.) After the death of Raj Kaur, as mentioned earlier, the property was inherited by Bhagwan Kaur and Mahan Kaur and on the death of Mahan Kaur by Karam Singh in her place. Both of them came to possess about 22 Standard Acres of land. Both of them were small land owners as they did not have any other land. However, on the death of Raj Kaur, the Collector on November 30. 1966 declared 10 Standard Acres of land as surplus. He gave benefit of 3 Standard Acres and 6 Units of Land to the successors of Raj Kaur as the same had not been utilized. However, treating these 10 Standard Acres of land as having been utilized the Collector did not give the benefit of the same to the successors of Raj Kaur. The appeal filed by Karam Singh and Bhagwan Kaur to the Commissioner failed on September 5, 1969 The Financial Commissioner dismissed the revision petition filed by Karam Singh and Bhagwan Kaur on November 6, 1969.;


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