MOHINDER SINGH versus STATE OF PUNJAB & ORS.

Citation: [1978] 1 S.C.R. 177 · Decided: 26-07-1977 · Supreme Court of India · Bench: N.L. UNTWALIA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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 
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was a part of the evacuee agricultural land acquired under section 12 of the Dis-
·placed Persons (Compensation & Rehabilitation) Act, 1954. The appellant ap-
proached 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 21-8-
1969 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 refe-
1rence 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 Peti-
tion 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 implea-
ded as defendants but in spite of service of summons they did not appear to con-
test 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 \vit-
nesses 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 ques-
tion 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 Commis-
sioner 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. 
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F 
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A 
B 
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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. appel-
lant's writ application challenging the order dated April 29, 1974 of 
the Chief Settlement Commissioner, Jullundur and order dated Jan-
uary 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 
(C
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