SHIV MANDIR PRABANDHAK COMMITTEE BHOOR MANDI Vs. HUKAM CHAND
LAWS(P&H)-2006-10-469
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 24,2006

SHIV MANDIR PRABANDHAK COMMITTEE BHOOR MANDI, JALANDHAR CANTT Appellant
VERSUS
HUKAM CHAND Respondents

JUDGEMENT

VINOD K.SHARMA, J. - (1.) By way of present revision petition the petitioner herein has challenged the order passed by the learned Civil Judge ( Sr. Divn.), Jalandhar vide which objection petition filed by the petitioner under Section 47 of C.P.C. has been dismissed with exemplary costs of Rs. 50,000/-. The petitioner in the objection petition claimed that Jiwan Singh vendor of decree-holder had derived his title from Rehabilitation Department by virtue of allotment,which was nullity hence could not pass a valid title in favour of vendee/DH. It was further claimed that the petitioner herein was entitled to transfer of land under the Displaced Persons (Compensation and Rehabilitation ) Act, 1954 ( for short 'the 1954 Act). It is not in dispute that the decree in favour of the decree-holder was upheld upto the Hon'ble High Court and in spite of this decree-holder was not given possession of the land.
(2.) From the record it is revealed that after loosing upto the High Court the petitioner herein approached the authorities under the 1954 Act for getting the allotment made in favour of Sh. Jiwan Singh in the year 1962 to be set aside. It was claimed by the petitioner that the Civil Court has no jurisdiction to adjudicate upon the matter and by not disclosing the factum of decree of the Civil Court an order was obtained by the petitioner from the authorities cancelling the allotment made in favour of Jiwan Singh in the year 1962.
(3.) The learned Executing Court noticed the fact that prior to filing of the present objection petition the petitioner had earlier filed objections on the same grounds, which were held to be not maintainable. Thereafter application for amendment of objections was filed, the same was disallowed on 25.2.1992, against which the petitioner had filed Civil Revision No. 1081 of 1992, which was also dismissed by this Court and, thus, amendment petition was dismissed. Thereafter, the objection petition was dismissed on 15.12.1992.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.