# MOHINDER SINGH v. STATE OF PUNJAB & ORS

- **Citation:** [1978] 1 S.C.R. 177
- **Court:** Supreme Court of India
- **Decided:** 1977-07-26
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/mohinder-singh-v-state-of-punjab-ors-7258
- **Pages:** 4

## Headnote

177
MOHINDER SINGH
v.
STATE OF PUNJAB & ORS.
July 26, 1977
IN. L. UNTWALIA AND S. MURTAZA FAZAL ALI, JJ.)
f)isplaced persons (Co111pensation and Rehabilitation) Act. 1954-Sec. 12-
.33-Displaced persons (C'ompensation & Rehabilitation) Rules 1955-Rules 34
C-Value of entries in the record of rights-If conclusive-If can be rebutted.
The appellant applied for allotment of certain urban agricultural land which
A
B
was a part of the evacuee agricultural land acquired under section 12 of the Dis-
·placed Persons (Compensation & Rehabilitation) Act, 1954. The appellant approached the authority for transfer of the land to him in accordance with rule 34C
C
of the Rules. He claimed to be in possession of the land in question continuously
from before January 1, 1956, although his name was not even recorded in the
Jamabandi or the Khasra Girdawari. He examined some witnesses before the
Settlement Officer, who accepted their oral evidence and by his order dated 21-81969 held that the appellant was entitled to get transfer of the land at a price
to be fixed under rule 34B of the Rules. Several years later a reference was made
under section 24 of the Act by the Superintendent for setting aside the order of
the Settlement Officer. The Chief Settlement Commissioner accepted the refe1rence and set aside the order. The appellant went in revision under section 33
D
<>f the Act which was dismissed by the Financial Commissioner. The Writ Petition iled by the appellant .before the High Court failed.
Allowing the appeal,
HELD : The appellant claims that he has been cultivating the land continuously
from the year 1954 onwards. He filed application in 1973 for correction of the
entry in the Khasra Girdawari by recording his name therein. The Naib Tahsildar
directed the correction, of the Khasra Girdawari for the period 1971-72 and 72·
73. He could not direct the entry of the earlier period since he could not do so
in accordance with the departmental instructions. The appellant filed a suit in
1974 for correction of the entry for the earlier period. The lessees were impleaded as defendants but in spite of service of summons they did not appear to contest it. The suit was decreed ·ex-parte and the appellant was declared as tenant
of the land in dispute since 1954. The Chief Settlement C..1mmissioner and the
Financial Commissioner did not place any reliance on th<"· •estimoiiy of the \vitnesses examined by the appellant in the absence of entries in the revenue record.
It is not the requirement of the rule that a person claiming transfer under any
part of the rule must be one whose name is found entered in the revenue records.
The entry in the revenue record is an important piece of evidence on the question of occupation or possession but it is not conclusive of the factors -to be
decided under rule 34C nor is it the law that a subsequent valid order J)assed
by a competent authority or court directing the correction of the entries cannot
be taken into consideration.
The Court, therefore, set aside the judgment of the Chief Settlement Commissioner and the Financial .Com.missioner and remanded the matter back to the Chief
Settlement Commissioner for reconsideration by taking into account the order of
the Naib Tahsiidar and the decree of! the Civil Court subject to such objections as
might be rnised.
[178 E-F, 179 D-H, 180 A-E]
ClvIL APPELLATE JURISDICTION : Civil Appeal No.
1194 of
l976.
Appeal by Speclal Leave from the Judgment and Order dated
26-8-1975 of the Punjab and Haryana High Court in Civil Writ No.
2559 of 1975.
E
F
G
H
A
B
c
D
E
F
G
H
178
SUPREME COURT REPORTS
[1978] 1 S.C.R.
S. K. Bagga and (Mrs.) S. Bagga for the Appellant.
A. S. Sohal, for the Respondents.

## Text

177
MOHINDER SINGH
v.
STATE OF PUNJAB & ORS.
July 26, 1977
IN. L. UNTWALIA AND S. MURTAZA FAZAL ALI, JJ.)
f)isplaced persons (Co111pensation and Rehabilitation) Act. 1954-Sec. 12-
.33-Displaced persons (C'ompensation & Rehabilitation) Rules 1955-Rules 34
C-Value of entries in the record of rights-If conclusive-If can be rebutted.
The appellant applied for allotment of certain urban agricultural land which
A
B
was a part of the evacuee agricultural land acquired under section 12 of the Dis-
·placed Persons (Compensation & Rehabilitation) Act, 1954. The appellant approached the authority for transfer of the land to him in accordance with rule 34C
C
of the Rules. He claimed to be in possession of the land in question continuously
from before January 1, 1956, although his name was not even recorded in the
Jamabandi or the Khasra Girdawari. He examined some witnesses before the
Settlement Officer, who accepted their oral evidence and by his order dated 21-81969 held that the appellant was entitled to get transfer of the land at a price
to be fixed under rule 34B of the Rules. Several years later a reference was made
under section 24 of the Act by the Superintendent for setting aside the order of
the Settlement Officer. The Chief Settlement Commissioner accepted the refe1rence and set aside the order. The appellant went in revision under section 33
D
<>f the Act which was dismissed by the Financial Commissioner. The Writ Petition iled by the appellant .before the High Court failed.
Allowing the appeal,
HELD : The appellant claims that he has been cultivating the land continuously
from the year 1954 onwards. He filed application in 1973 for correction of the
entry in the Khasra Girdawari by recording his name therein. The Naib Tahsildar
directed the correction, of the Khasra Girdawari for the period 1971-72 and 72·
73. He could not direct the entry of the earlier period since he could not do so
in accordance with the departmental instructions. The appellant filed a suit in
1974 for correction of the entry for the earlier period. The lessees were impleaded as defendants but in spite of service of summons they did not appear to contest it. The suit was decreed ·ex-parte and the appellant was declared as tenant
of the land in dispute since 1954. The Chief Settlement C..1mmissioner and the
Financial Commissioner did not place any reliance on th<"· •estimoiiy of the \vitnesses examined by the appellant in the absence of entries in the revenue record.
It is not the requirement of the rule that a person claiming transfer under any
part of the rule must be one whose name is found entered in the revenue records.
The entry in the revenue record is an important piece of evidence on the question of occupation or possession but it is not conclusive of the factors -to be
decided under rule 34C nor is it the law that a subsequent valid order J)assed
by a competent authority or court directing the correction of the entries cannot
be taken into consideration.
The Court, therefore, set aside the judgment of the Chief Settlement Commissioner and the Financial .Com.missioner and remanded the matter back to the Chief
Settlement Commissioner for reconsideration by taking into account the order of
the Naib Tahsiidar and the decree of! the Civil Court subject to such objections as
might be rnised.
[178 E-F, 179 D-H, 180 A-E]
ClvIL APPELLATE JURISDICTION : Civil Appeal No.
1194 of
l976.
Appeal by Speclal Leave from the Judgment and Order dated
26-8-1975 of the Punjab and Haryana High Court in Civil Writ No.
2559 of 1975.
E
F
G
H
A
B
c
D
E
F
G
H
178
SUPREME COURT REPORTS
[1978] 1 S.C.R.
S. K. Bagga and (Mrs.) S. Bagga for the Appellant.
A. S. Sohal, for the Respondents.
The Judgment of the Court was delivered by
UNTWALIA, J.-This is an appeal by special leave.
The. appellant's writ application challenging the order dated April 29, 1974 of
the Chief Settlement Commissioner, Jullundur and order dated January 14, 1975 of the Financial Commissioner, Taxation, Punjab was
dismissed by the High Court of Punjab & Haryana in limine on
August 26, 1975. Hence this appeal.
The appellant applied for allotment of certain Urban Agricultural
Land bearing various Khasra numbers measuring 14 Kanals 17 Mar·
las. It appears that the land indisputably is a part of the evacuee
agrkultural land situated in Urban areas and acquired under section
12 of the Displaced Persons
(Compensation
and Rehabilitation)
Act, 1954-hereinafter called the Act.
Chapter V-A of The Dis·
placed Persons (Compensation and Rehabilitation) Rules, 1955 (for
brevity, the Rules), is applicable to such lands.
The appellant
approached the authority for transfer of the land to him in accordance
with Rule 34-C of the Rules.
It is not quite clear whether he claimed
to be a lessee under the main provision of the said Rule or a sublessee within the meaning of the proviso
appended
thereto.
But
what is clear is that the case proceeded before the various authorities
on the footing that the appellant claimed to be a sub-lessee of the
land.
The appellant claimed to be in possession of the land in question
continuously from before January 1, 195 6, although his name was not
found recorded in the Jamabandi or
the Khasra
Girdawari.
He
examined some witnesses before the Settlement Officer who accepted
their oral evidence and by his order dated August 21, 1969 (Annexure 1) held that the appellant was entitled to get transfer of the land
at a price to be fixed under Rule 348 of the Rules.
Thereupon, the
Settlement Commissioner, Jullnndur by his order dated October 28,
1969 (Annexure 2) fixed the price of the land at Rs. 1,000/- per
kanal. Several years later, a reference was made under section 24 of
lhe Act by the Superintendent (Urban) Rehabilitation Department,
Jullundur for setting aside the order aforesaid of
the Settlement
Officer.
The Chief Settlement Commissioner by
his
order dated
April 29, 1974 (Anncxure 4) accepted the reference and set aside
the order.
The appellant went in revision under section 33 of the
Act which was dismissed by lhe Fjnancial Commissioner by his order
dated January 14, 1975 (Annexure 5). As already stated the petitioner was unsuccessful in assailing the last two. orders before the High
Court.
It appears in or about the year 1954 the lessees of the land and
cultivating it as such were Mahant Amar Nath, Smt. Shanto Bai and
others,--some displaced persons.
The appellant also claims to be a
displaced person.
The lessees aforesaid, perhaps, ceased to cull!ivate
the land and left Jullundur.
The appellant claims that he has been
-".
•
-- j
MOHINDER SINNGH v. PUNJAB ( Untwalia, J,)
I 7 9
cultivating the land continuously from about the year 1954 onwards.
A
On the 1st of September, 1973 he filed an application before the
Revenue authority for correction of the entry in Khasra Girdawari by
recording his name therein.
The Naib-Tahsildar, Jullundur by his
order dated the 6th February, 1974 (Annexure 3) directed the correction of the Khasra Girdavari for the period 1971-72 to Kharif 1973.
He, did not direct the correction of the entry of the earlier period as
he could not do so in accordance with the departmental instructions.
B
The appellant filed Suit No. 185 of 1974 on the 9th of August, 1974
for correction of the entry for the earlier period.
The lessees aforesaid were impleaded as defendants in the suit.
In spite of service of
summons, they did not appear to contest it.
The suit was decreed
ex-parte on the 31st March, 1975 by Shri Baldev Singh, Sub-Judge,
Second Class, Jullundur.
A copy of his judgment 'is
Annexurc 6.
He declared the appellant as tenant of the land in dispute since 1954
c
and directed the correction of the Jamabandi entries.
The Chief Settlement Commissioner in his impugned order did not
feel persuaded to place any reliance upon the testimony of the witnesses examined by the appellant in absence of entries in the Revenue
record viz. the Jamabandi or the Khasra Girdawari.
The Financial
Commissioner was also of the same view.
Since he found the names
of Amar Nath, Shanto Bai and others mentioned as cultivators, he
did not feel persuaded to accept the case of the appellant. The NaibTahsildar had corrected the entries in respect of the later period by
the time the Financial Commissioner happened to pass his impugned
order.
But he did not attach any importance to it.
Finally,
the
view expressed by the Financial Commissioner !in his impugned order
are in these terms :
"I have already held in several cases that transfer of
. Urban agricultural land is strictly to be made on the basis
of entries in the revenue record and no reliance is to be
placed either on oral evidence or on the corrected entries in
the Khasra Oirdawaris. In the circumstances, I do not find
D
E
any force in the petition which is dismissed in limine."
F
Rule 34C of the Rules reads as follows :
"Where any land to which this Chapter applies has been
leased to a displaced person and such lands consist of one
or more Khasras and is valued at Rs. 10,000/- or less, the
land shall be allotted to the lessee :
Provided that where any such land or any part thereof
G
has been leased to a displaced person and the sub-lessee has
been in occupation of such land or part thereof continuously
from the 1st January, 1956, such land or part thereof, as
the case may be, shall be allotted to such sub-lessee."
It is not the requirement of the rule that a person claiming transfer
under any part of the said rule must be one whose name is found
H
entered in the revenue records.
The requirement of the rule is that
the land to which Chapter VA applies shall be allotted to the lessee
if it has been leased out to him and if he was a displaced person.
A
B
c
D
E
180
SUPREME COURT REPORTS
[1978] 1 S.C.R.
The condition to be fulfilled under the proviso for a sub-lessee is his
occupation of the land continuously from the 1st January, 1956. The
entry in the revenue records is an important piece of evidence on the
question of occupation or possession. But it is not conclusive of the
factors to be decided under Rule
34C.
Nor is it the law that a
subsequent valid order passed by a competent authority or court
directing the correction of the entries cannot be taken into consideration.
Learned counsel for the State, respcndent no. 1 in this appeal,
submitted that neither the order of the N aib-Tahsildar nor the decree
of the Civil Court was legal and valid as it was not passed in accordance with The Punjab Land Revenue Act, 1887.
We have not
examined the correctness of this submission made on behalf of the
Stafi> as, on the facts and in the circumstances of this case we fert
persuaded to send back the case to the Chief Settlement Commissioner.
It will be open to the parties to make such submissions or
raise such objections as may be available to them in law before the
said authority when the case goes back to it.
It may be emphasised,
however, that indisputably after the land became a property acquired
under section 12 of the Act the lessees came on the scene.
They
did not contest the claim of the appellant either before the NaibTahsildar or the Civil Court. No one seems to have claimed that the
State or any of its authorities had ever come in possession of the
land in question. In such a situation justice require a reconsideration of the matter and a fresh decision by the authorities concerned
by taking into account the order of the Naib-Tahsildar and the
decree of the Civil Court subject to such objections as may be raised
apropos their validity and on reappraisal of the oral evidence adduced
by the appellant before the Settlement Officer.
•
In the result, we allow the appeal, set aside the impugned orders
of the High Court, the Financial Commissioner and the Chief Settlement Commissioner and send back the case to the Chief Settlement
~ ·
Commissioner for a fresh disposal of the reference in the light of this
judgment.
There will be no order as to costs.
M.R.
Appeal dismissed.