CR No.3714 of 2001 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.3714 of 2001 DATE OF DECISION:10.09.2010 **** Harbax Singh Kalsi and another . . . . Petitioners VS. Gurmel Singh and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Harminder Singh, Advocate for the petitioners. Ms.Anjali, Advocate for Mr.Vikas Singh, Advocate for the respondents. **** RAKESH KUMAR JAIN J. This Revision petition has arisen out of an order dated 03.03.2001 passed by Additional District Judge, Ferozepore, disposing of the objections filed in the Execution Application No.11 whereby 3/4th share of the amount lying deposited in respect of the acquired land measuring 48 kanals 15 marlas is ordered to be refunded to Lal Singh, Gurbaksh Singh and Harbax Singh sons of Kirpal Singh in equal shares on their furnishing sureties to the tune of `50,000/- either jointly or severally and remaining 1/4th share of the compensation was ordered to be deposited in the shape of FDR so that the parties should not suffer pecuniary loss on account of interest etc. till the matter is finally settled by the Civil Court. CR No.3714 of 2001 - 2 - In brief, one Karam Singh had two sons Kartar Singh and Kirpal Singh. Kartar Singh was married twice. His first wife was Mohinder Kaur and second wife was Manjit Kaur. Gurmel Singh and Gamboor Singh, who are the decree holders, are the sons of Kartar Singh from Manjit Kaur (second wife) whereas three daughters are from his first wife Mohinder Kaur. Kirpal Sigh had three sons, namely, Lal Singh, Gurbaksh Singh and Harbax Singh. The entire land was once owned by Karam Singh measuring 94 kanals 16 marlas. In the year 1960, there was a family partition of the property of Karam Singh as a result of which Kartar Singh got 23 kanals 14 marlas and Kirpal Singh got 69 kanals 8 marlas. As per order of this Court dated 3.2.2003, CM No.2033-CII-2003 for placing on record document (Annexure P-1) was allowed and document, Annexure P-1 was taken on record. Annexure P-1 is a translated copy of mutation No.7733 in which it is mentioned that by virtue of family partition land comprised in Khasra No.63/7/1/3 (3-4), 9/2/1/1 (0-10), 70//9/2 (4-0), 11 & 12 (8-0) total kitta 5, measuring 23 kanals 14 marlas came to the share of Kartar Singh. Whereas land comprised in Khasra No.47/1/1/2 (5-12), 48/11/2 (3-12), 12 & 19/1 (8- 0), 22/1/2 (6-11), 25/2 (5-7), 63/2/1/3 (0-12), 63/2/2/2 (2-1), 2-3 (0- 18), 3 (7-7), 4 & 5 (8-0), 64/1/1/1 (5-8) total kitta 13, measuring 69 kanals 8 marlas devolved upon Kirpal Singh. The said mutation was sanctioned on 31.3.1986 and the fact of partition was recorded in the subsequent jamabandi. Before the aforesaid mutation could have been sanctioned in 1986, a notification dated 10.2.1984 was issued under Section 4 of the land Acquisition Act, 1894 (for short ‘the Act’) by which 84 acres 3 kanals 10 marlas of land of village Talwandi Bhai, Tehsil and District Ferozeur including the land measuring 48 kanals 15 marlas comprising in Rect. No.48 Killa No.1/2 (8-0), 11/2(3-12), 12(8-0), 19 (8- CR No.3714 of 2001 - 3 - 0), 22/1/2(6-11), Rect. No.63, Killa No.2/1/3(3-16), 2/2/2(2-1), 2/3(0- 18), 3(7-7), 4(8-0), 5(8-0), 9/2/1/1(0-10) owned by both Kirpal Singh and Kartar Singh was acquired. The fact of acquisition was reflected in the jamabandi for the year 1989-1990, which is on record as Annexure P-12. Out of total acquired land of 45 kanals 1 marla belonging to Kirpal Singh is shown recorded vide mutation No.8279 whereas land measuring 3 kanals 14 marlas owned by Kartar Singh was recorded vide mutation No.8279. Land measuring 45 kanals 1 marlas owned by Kirpal Singh was mutated in favour of Punjab Government vide mutation No.8279. Land measuring 3 kanals 14 marlas owned by Kartar Singh was mutated in favour of Punjab Government vide mutation No.8279 comprised in 63M/2/1/1/3/1(3-4), 9/2/1/1(0-10). Rest of the land belongs to Kirpal Singh. After the acquisition, compensation of 45 kanals 15 marlas has been deposited by the State in the Executing Court. The Execution Application No.11 has been filed by the legal heirs of Kartar Singh in which four objections were filed (i) on 06.10.2000 by Manjit Kaur wd/o Kartar Singh claiming payment of compensation of the share of Kartar Singh on the basis of registered Will dated 13.12.1995 executed by Kartar Singh in her favour; (ii) on 06.09.2000 by Harbax Singh and Gurbaksh Singh sons of Kirpal Singh claiming that they are entitled to withdraw the entire amount of compensation of the land measuring 48 kanals 15 marlas, which was exclusively owned by Kirpal Singh; (iii) on 12.9.2000 by Gurmel Singh etc. claiming themselves to be the legal heirs of Kartar Singh, decree holder and that they were entitled to 1/4th share of compensation of the acquired land measuring 48 kanals 15 marlas instead of 3 kanals 17 marlas as claimed by them earlier in the execution application, because in fact, Kartar Singh was owner to the extent of 1/4th share of the acquired land and not of 3 kanals 17 marlas CR No.3714 of 2001 - 4 - only; (iv) on 16.10.2000 by Kirpal Singh (deceased) through his Legal Representatives Harbax Singh and Gurbaksh Singh that no land of Kartar Singh was acquired and as such Legal Representatives of Kartar Singh are not entitled to the amount of compensation even in respect of land measuring 3 kanals 17 marlas regarding which the execution has been filed by them. The learned Executing Court while disposing of objections has given 3/4th share out of 48 kanals 15 marlas to Lal Singh, Gurbaksh Singh and Harbax Singh sons of Kirpal Singh in equal shares and the amount of 1/4th share has been ordered to be deposited by way of FDR and parties have been relegated to Civil Court to get a declaration of the entitlement of their right to the said share. Aggrieved against the said impugned order, the present revision petition has been preferred in which learned counsel for the petitioners on the strength of the revenue documents, which have been placed on record by way of CM No.2033-CII-2003 which has been allowed on 3.02.2003, has submitted that mutation (Annexure P-1) clearly reflects that out of total acquired land, 45 kanals 1 marla of land was owned by Kirpal Singh whereas 3 kanals 14 marlas of land was of Kartar Singh. Admittedly, total acquired land is 48 kanals 15 marlas out of which land belonging to Kartar Singh measuring 3 kanals 14 marlas comprised in Khasra No. 63M/2/1/1/3/1(3-4), 9/2/1/1(0-10) was acquired and the rest of land falling in Khasra No. 70/9/2(4-0), 11(8-0), 2/12(8-0) i.e. total land measuring 20 kanals was sold by Kartar Singh vide sale deed dated 20.5.1992. Thus, as a matter of fact, Kartar Singh was left with no other land except 3 Kanals 14 marlas which was acquired. CR No.3714 of 2001 - 5 - Learned counsel for the respondents has failed to point out any error in the submission made by learned counsel for the petitioners which is based upon the documentary evidence. In view thereof, present revision petition is allowed and the impugned order dated 03.03.2001 is set aside with costs. (RAKESH KUMAR JAIN) 10.09.2010 JUDGE Vivek