On July 3, 1970 the appellant filed a suit against the respondent for possession of the lands companytending that the respondent had entered on a part of the land as tenant and subsequently applied for purchase of the land under section 18 of the Act but by virtue of section 19 DD of the Act, which was inserted on August 3, 1968 with retrospective effect, the suit property of gallantry award was exempted from the provisions of the Act and as such the respondent companyld number purchase the land under section 18 of the Act and the orders passed by the Assistant Collector as also of High Court were nullity and the respondent was companysequently liable to be ejected.
The appellant appealed therefrom to the Collector Jullundhur who upheld the permission to purchase but enhanced the amount payable to the appellant as landlord to Rs.23,133.53 P. During the pendency of the said proceed ings the appellant moved an application under section 9 read with section 14A of the Act for ejectment of the respondent and obtained an order on 27th September, 1961.
The respond ent moved a revision petition before the Commissioner in the proceedings initiated under section 18 of the Act and the Commissioner made recommendation to the Financial Commis sioner for setting aside the orders of the Assistant Collec tor and the ColleCtor allowing the purchase of land by the respondent on the ground that the application of the appel lant for ejectment of the respondent had since been allowed.
K.K. Majumdar had to migrate to India where the Government allotted 69 standard acres and 2 units of land to the appellant in Village Dhogri, Tehsil and District Jullundhur as companypensation for the land left behind at Layallpur, Pakistan.
From the Judgment and Order dated 29.5.1980 of the Punjab and Haryana High Court in Regular Second Appeal No.
As per order of the Assistant Collector Grade I, Jullundhur dated 15th January, 1962 the said Labhu Masih was granted the requisite permission subject to the payment of Rs.21,007.88 P. in 10 equal half yearly instalments of Rs.2100.80 P. each.
2 193 of 1982.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Financial Commissioner accordingly set aside the order of purchase.
The respondent impugned that order in the High Court of Punjab and Haryana in writ petition No.
He was companyferred a gallantary award posthumously by the Government wherewith 442 Kanals and 10 Marlas of land bearing Chak Nos.
Out of this land 19 standard acres came under possession of the respondent Malik Labhu Masih number deceased as a tenant.
706 of 1973.
Consequent to the partition of the companyntry the family of late Wg.
Late Wg.
Dr. Y.S. Chitale and Ashok Grover for the Appellant.
706 of 1973 dismissing the appeal and allowing the respondents civil writ petition against the order passed by the Assistant Collector.
The Judgment of the Court was delivered by N. SAIKIA, J. This appeal by special leave is from the judgment of the High Court of Punjab and Haryana in the appellants regular second appeal No.
K. Garg and D.K. Garg for the Respondents.
K.K. Majumdar, of the Indian Air Force, father of the appellant laid down his life during the second world war.
535 G V situated in Tehsil and District Layallpur was granted to him and was allotted to the appel lant Shri S.K. Majumdar who took possession on July 24, 1947.
On February 26, 1961 Malik Labhu Masih filed an applica tion under section 18 of the Punjab Security of Land Tenures Act, 1953, hereinafter referred to as the Act, to the Assistant Collector stating that he was a tenant in respect of the land in question and should be granted permission to purchase it.
1158 of 1963 and the High Court quashed that order on 30th August, 1966.
