HEMANT GUPTA, J. - (1.) THIS order shall dispose of LPA No.314 of 2003 preferred by Mohinder Singh Uppal son of Jaswant Singh Uppal, who has been allotted land measuring 54 kanals on 20.02.1979 aggrieved against the order passed by the learned Single Bench holding that such allotment is not tenable. This order shall also dispose of CWP Nos.9445 and 9446 of 1995 filed by the vendees Kabal Singh and Harbhajan Singh from Kodu Mal, who was allotted 37 kanals 15 marlas out of 48 kanals 9 marlas of land allotted to Dharam Arth Trust. Kodu Mal has been allotted some other land also including the land measuring 37 kanals 15 marlas which is subject matter of the dispute in the present set of petitions.
(2.) SOME facts leading to the present matters need to be stated. Ved Parkash was allotted 54 kanals of land in the year 1957 in respect of which proprietary rights were conferred on 30.08.1960. A separate parcel of land measuring 48 kanals 9 marlas was allotted to Dharam Arth Trust represented by Ved Parkash. However, allotment of 48 kanals 9 marls was cancelled on 27.01.1960. Such order of cancellation of allotment of 48 kanals 9 marlas has attained finality with the dismissal of the appeal and the revision. It was on 03.03.1963, the land measuring 37 kanals 15 marlas was allotted to Kodu Mal which form part of 48 Kanals 9 marlas after its retrieval by the Government. However, he sold this land to Kabal Singh and Harbhajan Singh on 31.05.1963. The mutation of such purchase was sanctioned on 28.03.1964. Admittedly, the allotment of land to Kodu Mal was cancelled by the Chief Settlement Commissioner accepting reference dated 11.07.1966 made by the Managing Officer. The order of cancellation attained finality vide order dated 30.04.1987 passed by the Chief Settlement Commissioner. After cancellation of the proprietary rights of the land allotted to Kodu Mal, the file was sent to Tehsildar -cum -Managing Officer for taking further action according to Rules. Therefore, at this stage, the cancellation of allotment of land measuring 48 kanals 9 marlas to Dharam Arth Trust is not in dispute nor the further allotment out of said land measuring 37 kanals 15 marlas to Kodu Mal is in dispute. However, the vendees i.e. Kabal Singh and Harbhajan Singh from Kodu Mal are in writ petition asserting bona fide purchasers of the land allotted to Kodu Mal and are seeking protection in terms of Section 41 of the Transfer of Property Act, 1882. On the other hand, the appellant in appeal relies upon oral exchange of land on 27.02.1962 in respect of land measuring 54 kanals affected by Sat Pal son of Ved Parkash with land measuring 48 kanals 9 marlas of the Dharam Arth Trust. Mutation No.1418 on the basis of such exchange was sanctioned on 27.03.1962. It was on 20.02.1979, the land measuring 54 kanals was allotted to Lachhman Singh predecessor -in -interest of the appellant accepting exchange.
(3.) THE learned Single Judge in an appeal which is subject matter of the Letters Patent Appeal observed that the question which arises for consideration is whether Dharam Arth Trust entered into valid exchange qua this land in the year 1962. The learned Single Judge returned its categorical finding that the said Trust was not competent to enter into exchange as the allotment stood cancelled on 27.01.1960. Therefore, the Dharam Arth Trust was not competent to enter into any exchange in the year 1962. If the exchange is invalid, the Dharam Arth Trust could not be derive any title of land measuring 54 kanals. The allotment of land was made to Lachhman Singh treating land measuring 54 kanals to be equivalent land of 48 kanals 9 marlas. But the allotment of the land measuring 48 kanals 9 marlas was cancelled and was not available for exchange.;