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1991 Supreme(P&H) 533

JAWAHAR LAL GUPTA
Kanwar Kamaljit Singh – Appellant
Versus
Custodian, Evacuee Properties, Punjab – Respondent


Judgment

1. The petitioners herein claim to be the owners of land measuring 264 kanals 15 marlas situate in village Bohani, tehsil Phagwara, district Kapurthala. Under the pretext of correcting the revenue entries, the land has been declared as "Evacuee Property". The petitioners complain that they have been divested of their property without any notice from any authority. Having failed to get relief at the hands of the authorities, they have filed the present petition and challenged the orders at Annexures P1, P2 and P4 respectively.

2. A few facts which have not been rebutted need to be noticed. It is alleged that prior to 1947 Kanwar Sarbjit Singh was the owner of 264 kanals 15 marlas of agricultural land. It was alleged that this land had been sold by him through his attorney to certain muslims before the partition of the country through 14 registered sale deeds. In 12 cases mutations were entered initially, but were finally rejected on the ground that the vendor had raised certain objections and the vendees were not present. No mutations were entered in respect of the remaining two sale deeds. Consequently, till 1947 the land was recorded in the ownership of Kanwar Sarjit Singh








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