Civil Revision No. 5567 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5567 of 2010 Date of Decision: 29.4.2011 *** Massa Singh @ Mansa Singh .. Petitioner Vs. Smt. Tej Kaur & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Mansur Ali, Advocate for the petitioner. Mr. Deepak Gupta, Advocate for the respondents. *** ARVIND KUMAR, J. The petitioner is aggrieved with the order dated 1.6.2010 passed by the Addl. District Judge(Fast Track Court), Bathinda by virtue of which application for issuance of DRO, filed by Gursewak (since deceased) and represented by the respondents, his legal representatives are allowed and out of the solatium deposited by the State Government in lieu of acquired land, 1/3rd is ordered to be paid to the respondents, on their furnishing surety bonds of double the amount of share. Heard. The petitioner Massa Singh @ Mansa Singh was owner of some land, which was acquired by the State Government. The appropriate Court vide award dated 22.11.2002 enhanced the compensation amount and accordingly, the same was deposited with the Court. However, staking his claim on 1/3rd share out of the compensation on the basis of family partition dated 21.9.2003, his son Gursewak Singh filed an application for releasing his share out of the compensation amount. But he died during the pendency of the application and his legal representatives pursued the same, which after contest was allowed in the manner indicated above. It is evident from the record that an issue as to whether Civil Revision No. 5567 of 2010 2 Gursewak Singh is entitled to 1/3rd share out of the share of his father Massa Singh, was framed and to substantiate the same the respondents/ applicant produced AW1 Kulwant Singh, AW2 Satnam Singh and AW3 Sukhpal Singh, in whose presence the said family settlement dated 21.9.2003 was reduced into writing and the land was transferred in favour of Gursewak Singh vide sale deed dated 1.10.2003. All these witnesses proved the writing dated 21.9.2003 and even the own witness of petitioner i.e RW2 Hamir Singh also admitted this writing. As per this writing dated 21.9.2003, it was agreed by Massa Singh that after 21.9.2003 whatsoever amount would be received towards compensation by him, that will be equally shared in three parts i.e. between him and his two sons. Since the amount in dispute was received in the year 2005, therefore, the Court below rightly held that out of the said amount, respondents are entitled to receive the same to the extent of 1/3rd share. There is no illegality or perversity in the impugned order. The revision petition, being without merit, is accordingly dismissed. (ARVIND KUMAR) JUDGE April 29 , 2011 Jiten