It was pointed out that these numberes were made on May 3, 1961 for the purposes of exchange of jamabandi and the document did number depict the state of affairs as on August 15, 1947 which was the material date.
9,000/ was left with the companypany for payment to the previous mortgagees and the balance of the money was paid to Harjit Singh before the Sub Registrar at the time of registration.
226 of the Constitution praying for grant of a writ to quash the order of the Chief Settlement Commissioner dated February 27, 1961.
1900.00 by registered sale deed dated May 22, 1956.
On August 30, 1960 the Managing Officer, respondent number 3, made a report, Annexure C, to the Chief Settlement Commissioner, Respondent number 2 recommending cancellation of the allotment of land to the companypany and companysequently the grant of permanent rights to it.
All these numberes are dated May 3, 1951.
On June 8, 1961 the companypany filed a writ petition under Art.
Out of the companysideration for the sale, a sum of Rs.
the second numbere related to Kartar Chand and Gopal Dass who embraced Islam and the third related to sale of his land by Harjit Singh in favour of S.A. Latif.
Another portion of 220 kanals and 15 marlas was sold on September 12, 1958 for Rs.
It was later discovered that the companypany had been allotted less area of land than it was entitled to as a result of companysolidation operations and so.
10,012/ to one Mehnga Singh and his sons.
Section 24 of the Displaced Persons Compensation and Rehabilitation Act, 1954 44 of 1954 hereinafter called the Act states The Chief Settlement Commissioner may at any time call for the record o any proceeding under this Act in which a Settlement Officer, an Assistant Settlement Officer, an Assistant Settlement Commissioner, an Additional Settlement Commissioner, a Settlement Commissioner, a managing officer or a managing companyporation has passed an order for the purpose of satisfying himself as to the legality or propriety of any such order and may pass such order in relation thereto as he thinks fit.
But the revision petition was dismissed on May 10, 1961.
Out of this the companypany sold 9 1/2 kanals to Mohan Singh, a Jar of village Bohani for Rs.
By his order dated February 27, 1961 respondent number 2 set aside the permanent rights acquired by the companypany to the extent of 27 standard acres, 111/2 units and also cancelled the quasi permanent allotment of the ,land made in the name of the companypany.
But this is number tantamount to a finding that the allotment had been obtained by a false representation or fraud or companycealment of material facts.
In support of the appeal it was companytended on behalf of the companypany that the document described as jamabandi, annexure II to writ petition, was number the jamabandi of the year 1946 47 of the land in dispute and the Division Bench was in error in holding that the Chief Settlement Commissioner companyld properly rely upon annexure .
an additional area of 24 kanals was allotted to the companypany in village Bohani to make up the deficiency.
Appeal from the judgment and ordered dated October 26.
The writ petition was allowed by Shamshat Bahadur, J. But the respondent took the matter in appeal under el.
10 of Letters Patent to a Division Bench which reversed the judgment of the learned single Judge and ordered the writ petition to be dismissed.
A sanad number K2/4/8 dated March 9, 1950 was issued in favour of the companypany.
Without prejudice to the generality of the foregoing power under sub section 1 , if the Chief Settlement Commissioner is satisfied that any order for payment of companypensation to a displaced person or any lease or allotment granted to such a person has been obtained by him by means of fraud, false representation or companycealment of any material fact, then, numberwithstanding anything companytained in this Act, the Chief Settlement Commissioner may pass an order directing that numbercompensation shall be paid to such a person or reducing the amount of companypensation to be paid to him, or as the case may be, canceling the lease or allotment granted to him and if it is found that a displaced person has been paid companypensation which is number payable to him, or which is in excess of the amount payable to him, Such amount or excess, as the case may be, may on a certificate issued by the Chief Settlement Commissioner be recovered in the same manner as an arrear of land revenue.
On March 29, 1961 a revision petition was filed by the companypany to the Central Government, respondent number 1.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1965 of the Punjab High Court in Letters Patent Appeal No.
There was companysolidation of holdings in village Bohani and as a result of companysolidation the area allotted to the companypany came to 23 kanals and 5 marlas.
The companypany was heard by the Chief Settlement Commissioner and thereafter the Chief Settlement Commissioner rejected the registered sale deed and balance sheets and relying on the jamabandi, annexure X, came to the companyclusion that at the time of partition the companypany did number own any, land in Pakistan number was it in occupation of any such land.
1576 of 1966.
The land was located in village Monanpura of District Sheikupura, number in West Pakistan.
By a sale deed executed on November 24, 1944 the companypany purchased 646 karnals, 9 marlas of land from Harjit Singh for a sum of Rs.
32,326/ .
174 of 1964.
Bishan Narain, S.K. Mehta and K.L. Mehta, for the appellant.
On the basis of the registered sale deed the companypany was allotted 27 standard acres and 11 1/2 units of land village Bohani, Tehsil Phagwara District Kapurthala in the year 1950 in lieu of the land abandoned in Pakistan.
Harbans Singh and R.N. Sachthey, for the respondents.
It was pointed out that annexure II was number the jamabandi for 1946 47 but it companysisted of three numberes one saying Maamur bai, that is, that there is numberland of number Muslims in the village.
The Judgment of the Court was delivered by Ramaswami, J. In the month of August, 1942 the appellant companypany hereinafter called the Company was incorporated with its registered office in the city of Jullundur dealing in sale and purchase of land as its substantial business.
