R.S. Mongia, J. - (1.) THIS writ petition was admitted on August 31,1993. While ordering dispossession -of stay ad -interim notice regarding stay was also given. There was very serious dispute regarding the factum of possession. Both parties were claiming that they were in possession of the land in dispute. Even a Local Commissioner was appointed for that purpose. The arguments on stay matter were lengthy and I thought it appropriate to hear the parties in the main case/The parties counsel consented that the main case itself be decided. Consequently, I heard learned counsel for the parties in the main case.
(2.) THE facts giving rise to the present petition may be noticed. Motu Ram and Naru Ram sons of Jodha Ram were the displaced persons from West Pakistan and in lieu of the laud left by them in Pakistan, they were held entitled to allotment of certain rural land under Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'Act'). Vide orders dated 29.9.1977, 25.10.1977 and 15.2.1978, agricultural land measuring 131 Kanals 8 Marlas in Village Malkana, Tehsil Samana, District Patiala was allotted to them by the Tehsildar (Sales) -cum -Managing Officer, Patiala. Some parts of the allotments were cancelled on the ground that the area allotted to them was within the municipal limits of Samana Town. Allotment in favour of the above two persons included the land comprised in Rect. No. 107 Killa Nos. 16/17 and Rect. No. 108 Killa Nos. 14/15/16/17 measuring 32 Kanals. Petitioner had purchased from the department certain land in open auction held on 3.2.1969 which included the above -mentioned Khasra Nos. measuring 32 Kanals. It may be observed here that the petitioner's husband was also held entitled to the allotment of land upto allot ability limit of Rs. 14769/ -. under Chapter -V -A of the Displaced Persons (Cand R) Rules, 1955 (hereinafter referred to as the Rules). She Was allotted on this count 54 Kanals 14 marlas of land. This allotment became the subject -matter of litigation which ended in this Court when the petitioner filed C.W.P. No. 873 of 1973 decided on 3.3.1982 Revenue Law Reporter 190. The petitioner challenged before the Settlement Commissioner Rehabilitation Department, Punjab the allotment made to Motu Ram and Naru Ram under Section 22 of the Act of the area measuring 32 Kanals to which reference has been made above. The grounds of challenge were that the area in question had already been purchased by the petitioner in open auction held on 3.2.1969. Further it was urban land whereas Motu Ram and Naru Ram were entitled to allotment, of rural land, consequently, the land in question could not be allotted to them. The appeal of the petitioner was rejected by the Settlement Commissioner under Section 24 of the Act by filing, a revision petition. In the meantime, suo moto reference was. made by the Tehsildar (Sales) -cum -Managing Officer to the Chief Settlement Commissioner for, cancellation of the allotment in favour of Motu Ram and Naru Ram on the ground that the land was situated within the municipal limits of Samana town. This reference was. accepted by the Chief Settlement Commissioner vide order dated 21.12.1981 (Copy Annexure P -6). As far as revision by the petitioner herself was concerned, the same was also disposed on the same day i.e. 21.12.1981, wherein it was noticed that the petitioner had challenged the allotment of urban land to the respondent and also claimed the urban evacuee land as lessee/sub -lessee. The claim of the petitioners for allotment of land as lessee/sub -lessee was held not to be tenable. As regards the other prayer, it was observed that on suo -moto reference, the allotment made in favour of Motu Ram and Naru Ram had been cancelled. The revision was dismissed.
(3.) IT may be observed that after the allotment of land to Motu Ram and Naru Ram, the proprietary rights were conferred on them on 15.3.1978. Some part of the land was purchased by Smt. Bhagwanti, Mohinder Kumar and Suresh Kumar respondents on 30.1.1981 by way of registered sale deed. After the death of Naru Ram the land was mutated in the names of his sons Jagdish Karaal and Rajejev Kamal alongwith his daughter Vidya Devi. After the sale of some part of the land by Motu Ram and Naru Ram or their successors in interest, the mutations regarding the sale -deed sanctioned in the names of the vendees.;