TIRATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THERE is an evacuee property consisting of portions Nos. 610/1, 611/ 1 and 612/1 in Katra Ghanyian at Amritsar. Of those three portions, No. 611/1 was in the allotment of Tirath Singh petitioner, and No. 612/1 was in the possession of tara Singh Respondent 5. The petitioner held a verified compensation claim of Rs. 1,601. He was, therefore, holder of a verified claim. Respondent 5 has been a non-claimant.

(2.) THE Settlement Officer on November 25, 1958, transferred portion No. 611/1 to the petitioner, who then filed an appeal against the order claiming also the other two portions. The petitioner was also allottee and occupant of another property no. 2009/7, of which the assessed value was Rs. 2,667/ -. The appeal of the petitioner was decided by the Assistant Settlement Commissioner on March 30, 1959, copy of the order being Annexura 'a'. The Assistant Settlement commissioner pointed out that although there were four tenants in tha whole of the property bearing three portions Nos. 610/1, 611/1 and 612/1, the property was one, in other words, it was indivisible. He then pointed out that the petitioner was also the sole occupant of property No. 2009/7. Then ha ordered that 'it is for the two processing officers to judge as to which of the two properties should be given to him (petitioner)'. This order the petitioner reads as the order of transfer of the whole property in his favour according to his statement in paragraph 4 of his petition, which obviously is not correct. But it is stated by him in paragraph 5 of the petition that sometime in 1960 the whole of this property was transferred to him by the District Rent and Managing Officer.

(3.) IN regard to property No. 2009/7, of which the assessed value was Rs. 2,667, the petitioner applied for its transfer but failed to deposit the initial amount by january 31, 1961, target date by which he was required to do so by a press-note of the Government of India. This property was sold by auction and the highest bid was of one Dial Chand, but before the sale could be completed in his favour, the petitioner approached the Chief Settlement Commissioner that he was willing to purchase that property, whereupon the Chief Settlement Commissioner by his D. O. No. 6985/corn-Prop/61, dated November 16, 1961, ordered that the petitioner be allowed to pay the bid price in lump sum within a period of one month provided by the date of the letter the sale of the property bad not been confirmed. The petitioner deposited the sale amount of Rs. 3,050 by December 16, 1961. and this property was then transferred to hin1