IN THE COURT OF SHRI S.S.KHARA, P.C.S. ADDITIONAL DIRECTOR CONSOLIDATION-CUM-MANAGING OFFICER (HQ) DEPARTMENT OF REVENUE & REHABILITATION, PUNJAB (KOTHI NO.280 SECTOR 10-A, CHANDIGARH)
PETITION NO. DATE OF INSTITUTION DATE
OF DECISION
MO/HQ/2000/14 20.7.99 12.12.2000
1. Joginder Singh son of late Sh. Harnam Singh village Maujgarh, Tehsil Zira (Ferozepur).
2. Mohinder Singh,
3. Mukhtiar Singh
sons of Harnam Singh residents of village Kaila Tehsil Zira (Ferozepur) through Sh. Joginder Singh son of Sh.Harnam Singh village Maujgarh Tehsil Zira (Ferozepur).
…Petitioners.
Versus
1. State of Punjab. …Respondent.
Petition for allotment of land in lieu of land left in Pakistan by Smt. Anand Kaur widow of Sh. Dayal Singh sister-in-law of grandfather of the petitioner.
Present: Sh. Dinesh Ghai, Advocate for the petitioners alongwith all the petitioners.
This is an application filed by petitioners through Sh. Joginder Singh s/o late Sh. Harnam Singh village Maujgarh Tehsil Zira Distt. Ferozepur as attorney for the allotment of land in lieu of the land abandoned by Smt. Anand Kaur wd/o Sh. Dayal Singh sister-in-law of the grandfather of the petitioners in village Thahpanju, Tehsil & Distt. Lahore measuring 6 standard acres and 12 units.
2. In the application the petitioners have stated that Smt. Anand Kaur widow of Sh. Dayal Singh, sister-in-law of their grandfather had abandoned 6 standard acres and 12 units in village Thahpanju Tehsil & District Lahore and petitioners are entitled to the land measuring 5 standard acres and 1 unit. They have further contended that they are the only legal heirs of sh.Harnam Singh and are entitled to their share which falls to them through Smt. Anand Kaur widow of Sh. Dayal Singh as she died issueless and they have got no land in the country after partition even after partition i.e. after 5 decades. This application is supported by a photocopy of a certified copy of Jamabandi pertaining to village Thahpanju. This copy was issued on 28.3.1980 by the office of Director Land Records, Punjab, Jalandhar.
3. Shri Mukhtiar Singh has stated in the statement recorded today that Smt. Anand Kaur was his grandmother from the relations. It is correct that she migrated to India but after that they had no contact with her. He does not know anything about her place of residence in India or when she died. He has no knowledge that his attorney has filed a case for the land of Smt. Anand Kaur. Both the other petitioners have also stated in the statement that they do not know about the residence or about her (Smt. Anand Kaur) death in India. They can’t produce any evidence of her death.
4. After going through the contentions of the petitioners/applicants, I have come to the conclusion that petitioners have filed this application without any solid evidence in support of their alleged claim. In the pedigree table shown in the petition, it has been claimed that their great grand-father Sh. Kishan Singh had four sons i.e. Sh. Sohan Singh (their grandfather) Sh.Dayal Singh (Anand Kaur is stated to be his widow) Sh. Khushal Singh and Badan Singh. Sh. Sohan Singh their grandfather had four sons i.e. Sh. Harnam Singh, Sh. Dhara Singh, Hazara Singh and Sh. Havel Singh and petitioners are the sons of Sh. Harnam Singh. So they are legal heirs of Smt. Anand Kaur. This alleged pedigree table is not supported by any documentary evidence. In the application no details have been given as to where Sh. Khushal Singh & Sh. Badan Singh had died. Similarly, no detail of legal heirs of other persons i.e. brothers of Sh. Harnam Singh namely Sh. Dhara Singh, Sh. Hazara Singh & Sh. Havel Singh has been given. Nowhere it has been certified whether these persons are alive or dead. If these persons are dead then on which date they had died. No death certificates of any of the above persons has been placed on file. So the pedigree table given in the petition is highly doubtful.
5. Secondly the petitioners in their statement has admitted that Smt. Anand Kaur had migrated to India, but after that they had not contact with her. They do not know anything about her residence in India or about her death. It is strange that then how they are conclusively alleging that she was not allotted any land. In this way they have not revealed full facts and something fishy can be read in this connection.
6. Thirdly there is no evidence oral or documentary to the effect that Smt. Anand Kaur had no child and she died issueless. Even the death of Smt. Anand Kaur has not proved rather the petitioners have conceded that they can’t produce any evidence in this regard. The petitioners have suddenly come out of deep slumber after 52 years without any explanation for such latches. Only the photocopy of the certified copy procured on 28.3.1980 from the copying agency of the office of the Director Land Records, Punjab, Jalandhar has been attached with the application. It is a settled law that no, photocopy of any certified copy can be treated as admissible in evidence.
7. For all the above reasons the application filed by the petitioners has no merit at all and the petitioners have not disclosed full facts about the whereabouts of Smt. Anand Kaur for the reasons known to them. All the material facts supported by legally permissible evidence have not been brought on file. So the petition is dismissed.
Announced in the open court.
(S.S.Khara,P.C.S.)
Place: Chandigarh. Managing Officer (HQ)
Dated: 12.12.2000 Deptt. of Revenue & Rehabilitation,
Punjab.