Our learned Brother Chinnappa Reddy, has referred in his judgment to a leading decision of the Lahore High Court, Rehman v. Sai ILR 9 Lahore 501 in which it was held that, if a proprietor alienated his land, the alienee would number acquire any interest in the Shamilat by mere virtue of the alienation.
Civil Appeal Nos.
2125 of 1978, 470 of 1969, 1832 of 1969, 1088 of 1969, 1726 of 1974 and 1728 of 1974 were delinked from the above group of matters as they involve questions relating to the package deal of 1961.
Those matters may be listed for hearing at an early date.
From the Judgment and Order dated 15.5.1973 of the Punjab and Haryana High Court in Civil Writ No.
In the villages which were wholly inhabited by Muslims and from which almost the entire population migrated to Pakistan, all the Shamlat deh lands together with the other proprietary lands were declared evacuee property and came to be vested in the Custodian.
Prior to the partition of India on August 15, 1947 the Shamlat deh lands in Punjab were owned by the proprietors of the other lands in the Village, Hasab Rasad Khewat, that is to say, in the same proportion in which they owned the other lands.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Hardev Singh and R.S.Sodhi for Appellant No.
C.Talukdar, C.V. Subba Rao, R.N. Poddar and Miss A. Subhashini for the Respondent No.
Ram Singh Bindra and Harbans Singh for the Respondent No.
Therefore, a person who did number own any other land in the village companyld have numberproprietary right or interest in the Shamlat deh lands, But, though the interest of the proprietors of the other lands, in Shamlat deh lands, was incidental to their proprietary interest in those other lands, such interest in the Shamilat was number a mere appendage to their interest in the other lands.
2657 of 1970.
The following Judgments were delivered CHANDRACHUD, C.J. Eight writ petitions were filed in the High Court of Punjab and Haryana, involving a companymon question of law as to the alleged repugnancy between the Administration of Evacuee Property Act of 1950 and, the Punjab Village Common Lands Regulation Act of 1953 referred to herein as the Punjab Act of 1953 .
1401 N of 1973.
Four, out of the eight writ petitions, relate to lands situated in the State of Haryana, while the remaining four relate to lands situated in the State of Punjab.
The companytroversy in the writ petitions is between the right of the Gram Panchayats to the Shamlat deh lands situated in those villages which fall within their jurisdiction and, on the other hand, the right of the Rehabilitation Department of the Central Government to allot lands of that description, to the extent of the evacuee interest therein, to persons who migrated from Pakistan to India after the partition of the companyntry.
L. Aneja and K.L.Taneja for Appellant No.
