WRIT PETITION 9443 of 2004 on 28 January 1957

CWP No. 9443 of 2004

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH

CWP No. 9443 of 2004 Date of decision: December 9443, 2008

Hemant Gupta, J.

The challenge in the present writ petition is to the order dated27.01.2004, Annexure P-9, whereby allotment in favour of original allotteeSurat Lal was cancelled and purchase of land from Surat Lal was found tobe not protected as vendor could not convey better title than what he had. Ithas been found that Surat Lal did not possess any land in Pakistan at thetime of partition of the country, therefore, the allotment of land to Surat Lalwas not tenable. The said allotment was cancelled vide different orderspassed between 28.01.1957 to 29.03.1962 but Surat Lal never challengedthe said orders till he died in the year 1976. It was in the year 1978 that Bhagwan Dass son of Surat Lal moved an application on 19.12.1978 fordelivery of possession of land allotted in the name of his father Surat Lal invillage Nigana, District Bhiwani or alternative allotment, which wasallowed on 21.07.1981. Such allotment was finally quashed vide order dated27.01.2004, Annexure P-9, passed by the Commissioner & Secretary toGovt. Haryana, Rehabilitation Department, exercising the powers of CentralGovernment.

The sole argument of learned counsel for the petitioners is thatthey are bona fide purchasers from the vendees for valuable considerationand, thus, sale in their favour is protected under section 41 of the Transferof Property Act, 1882. The argument raised by learned counsel for thepetitioners is not sustainable for the reasons recorded in Letters PatentAppeal No. 184 of 2004 titled Subhash Chand and others vs. TheFinancial Commissioner Revenue and others, decided vide separate orderof even date.

For the reasons recorded in LPA No. 184 of 2004, the presentwrit petition is dismissed.

( Hemant Gupta)Judge

December 24, 2008 ks

( Nawab Singh) Judge