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2005 Supreme(P&H) 618

J.S.NARANG
Daljit Rai Oberoi – Appellant
Versus
Financial Commissioner – Respondent


Judgment

J.S.Narang, J.

1. Petitioner Daljit Rai Oberoi and respondent No. 7 Satpal Oberoi are the real brothers and they are shown as sons of Amolak Ram. Satpal Oberoi participated in the auction held on August 13, 1959 by the Rehabilitation Department in regard to plot No. 89 described as urban agricultural land measuring 7 Bighas 7 Biswas.

The highest bid was accepted for Rs. 26,775/-. The claim of Daljit Rai Oberoi was associated for making up the aforestated total sale price. The requisite affidavits of both the persons were duly filed.

2. It has been averred that respondent Nos. 3 to 6 had already secured quasi-permanent allotment in regard to the land measuring 2 Bighas 14 Biswas, out of the aforestated land, in a clandestine manner in the year 1957. It has also been alleged that on account of mis-representation on the part of respondent Nos .3 to 6, the endeavour was made to obtain the permanent rights in the land in regard to the aforesaid area. However, no claim was staked at the time of the auction of the entire piece of land measuring 7 Bighas 7 Biswas in the year 1959. The alleged allotment, in favour of respondent Nos. 3 to 6, was cancelled by issuing requisite orders
























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