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2000 Supreme(P&H) 1

SHYAMA MANN
Banarsi Dass Sharma – Appellant
Versus
Chief Sales Commissioner, Gurdaspur – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.C. Mehta, Advocate.
For the Respondent Nos. 3 and 4:Mr. R.D. Bawa and Mr. B.S. Khoji, Advocates.

ORDER

Shyama Mann, FC. - Sh. Banarsi Dass claiming to be partner of M/s Raj Saw Mills, College Road, Pathankot Road, Gurdaspur has filed this petition under Section 33 of the Displaced Persons (C & R) Act, 1954 against the order dated 25.11.1992 passed by Chief Sales Commissioner, Gurdaspur whereby he dismissed the revision petition of the partners against the ex-parte order dated 30.10.1990 passed by the Sales Commissioner, Pathankot whereby the land measuring 4 Kanals 1 Marla situated in Chak Sarai, Pathankot in the name of Vishnu Dutt, respondent was transferred.

2. As per the allegations made by the petitioner, M/s Raj Saw Mills is a firm of three partners namely Banarsi Dass Sharma, Vishnu Dutt Sharma and Lekh Raj sons of Amar Nath. The Urban Agricultural Land measuring 34 kanals comprised in khasra No. 444/36, 55, 56 situated in the revenue estate of Chak Sarai, Pathankot was evacuee property. Out of the said land Raj Saw Mills took 4K-1M of land comprised in khasra No. 444/36 on rent from M/s Pathankot Bajri & Stone Company Pathankot and established a saw mill in the year 1960 believing that M/s Pathankot Bajri & Stone Company Pathankot was the owner of the land though in fac























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