The main legal point established in the judgment is the importance of overwhelming proof, including entries in the revenue record, in supporting the findings of the court and influencing the court's decision.

JUDGMENT

Ajay Kumar Mittal, J. - CM No. 1755-LPA of 2018

This is an application under Order 22, Rule 4 read with section 151 of the Code of Civil Procedure, for placing on record the legal representatives of the deceased Dharam Singh.

2. After perusing the averments made in the application, which is supported by an affidavit, the same is allowed, subject to all just exceptions and the applicants, as mentioned in Para 4 of the application are ordered to be impleaded as legal representatives of deceased Dharam Singh. CM stands disposed of accordingly.

3. This Letters Patent Appeal has been filed by the appellants under Clause X (wrongly mentioned as XI) of the Letters Patent against the judgment dated 16.01.2014, passed by the learned Single Judge of this Court in CWP No. 215 of 1994.

4. A few facts relevant for the decision of the controversy involved as narrated in this appeal may be noticed. The subject matter of the present case is land measuring 16K-17M situated at Village Aur, Tehsil Nawanshahr, District Jalandhar. Before partition in the year 1947, the said land was owned by one Bube Khan S/o Mohammed Bux and Azmat Bibi daughter of Bube Khan in equal shares as reflected in the Jamabandi for the year 1946-47. The said owners migrated to Pakistan during partition, on which account the same became evacuee property as defined under the East Punjab Evacuees (Administration of Property) Act, 1947 (in short 'the 1947 Act'). The said property accordingly vested in the Custodian in terms of Section 4 of the 1947 Act and its possession was taken over by the Custodian. According to the appellants, despite that, no application under Section 7 of the 1947 Act was filed by the Wakf Board to challenge the said vesting. The 1947 Act was repealed by the Administration of Evacuee Property Act, 1950 (in short 'the 1950 Act'). Section 8(2) of the 1950 Act provides for vesting in the Custodian appointed under the 1950 Act of evacuee property which before the commencement of the 1950 Act had vested in the Custodian under any State law repealed by the 1950 Act. However, Sub-section 2A of Section 8 of the 1950 Act provides that any property deemed to have been vested in the Custodian under the 1950 Act in terms of Section 8(2) shall have effect notwithstanding any defect in the vesting of the property under the earlier Act. According to the appellants, as per the law laid down by the Apex Court in "M/s Hazi Esmail Noor Mohammad & Co. & Others vs. The Competent Officer, Lucknow and Others, AIR 1967 SC 1244 ", automatic vesting of evacuee property in terms of Sub-Section 2 and 2-A of Section 8 of the 1950 Act cannot be reopened after the enforcement of the 1950 Act. Since in the present case, the vesting in said Custodian was not challenged by the Punjab Wakf Board until the coming into the 1950 Act, the land in question came to be vested in the Custodian after the 1950 Act. Under Section 8(2) of the 1950 Act, such vesting became final and conclusive by virtue of Sub-Section 2A of Section 8 of the 1950 Act. In the year 1954, the Parliament enacted the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (in short 'the 1954 Act'), to provide payment for compensation and rehabilitation grant to displaced persons. Section 12 of the 1954 Act, empowers the Central Government to secure evacuee property for the purposes mentioned therein. In the present case, the land in question was acquired by the Central Government under Section 12 of the 1954 Act. Dharam Singh filed an application No. 183-TSN for allotment of the land in question on the basis of his continuous possession over several years. On 27.03.1979, Tehsildar (Revenue), Nawanshahr, exercising the powers of Settlement Officer passed an order holding that Dharam Singh is entitled to purchase the said land at a total cost of Rs. 422/-. The Wakf Board filed an appeal against the impugned order dated 27.03.1979 before the learned Sales-cum-Settlement Commissioner under Section 22 of the 1954