JUDGEMENT
RAKESH KUMAR JAIN, J. -
(1.) THIS order shall dispose of CWP No.1753 of 1986 titled
Balwinder Singh and others Vs. Additional Director
as
Consolidation of Holdings Punjab and others in which order
dated 18.12.1985 passed by respondent No.1 has been challenged
and the writ petition was admitted on 9.4.1986, whereas RSA
No.877 of 1991 titled as Mohinder Singh (died) through his LRs
Vs. Banta Singh and others was admitted on 29.4.1991 and was
ordered to be heard with CWP No.1753 of 1986.
(2.) THE brief facts of the case are that one Wazira Singh s/o Premi was co-sharer to the extent of half share in land measuring
70 bighas 11 biswas in village Khadial whereas the other half share was owned by Chhota Singh, Nihal Singh, Amar Singh, Chanan
Singh and Kirpal Singh. The consolidation proceedings in village
Khadial took place in the year 1961 and both the branches of Premi
namely, Wazira Singh and Hira Singh, were allotted the following
land:
182//4 and 7, 198//14, 17, 18, 23 and 24, 256//468, 288//31, 256//446, 287//63, 198//10, 11, 12, 13, 15 min, 19 min, 7, 8, 9, 16, 25, 15 min, 182//5 and 198//14.
After the consolidation was over, Wazira Singh s/o Premi sold land measuring 53 kanals 7 marlas to Mohinder Singh s/o
Nihal Singh (who is plaintiff in the RSA and respondent No.2 in the
writ petition) falling in Rectangle/Killa No.182//4 & 7, 198//14, 17,
18, 23 and 24, 256//468, 288//31 for a sum of Rs.7,000/- by way of registered sale deed dated 21.6.1965.
(3.) HOWEVER , by virtue of an order passed by this Court, consolidation proceedings were started afresh in which the land
mentioned below was allotted, in lieu of the land allotted to Wazira
Singh and the heirs of his brother Hira Singh. The new numbers
are as under:
1411//18, 161//23/2, 24/1, 182//4, 5/1, 197//5/3, 6, 7/1, 14 and 15, 198//9/2, 10, 11, 12, 13 and 18 and 182//26. ;