http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 3  

CASE NO.: Appeal (civil)  161 of 1999

PETITIONER: Raj Kumar

RESPONDENT: State of Haryana & Ors.

DATE OF JUDGMENT: 06/04/2004

BENCH: R.C. Lahoti & Ashok Bhan.

JUDGMENT: J U D G M E N T

BHAN, J.

       The dispute in this appeal pertains to the claim to House No.  3 situate  in Block No. 13, Mohalla Kasabad, Hisar, Haryana which is an evacuee  property under the Displaced Persons (Compensation & Rehabilitation) Act,  1954 (for short ’the Act’).  Father of the appellant Radha Kishan was a  displaced person.  He had a verified claim of the value computed as Rs.  6,000/-.  He occupied 400 Sq. Yards out of the 700 Sq. Yards of the property  in dispute.  Office of the Regional Settlement Commissioner vide  communication dated 3.5.1957 noted that the assessed claim of the Radha  Kishan was Rs. 6,000/-.  The house was valued at Rs. 5,844/-.  Radha  Kishan was required to deposit a sum of Rs. 2,973/- against his claim.   Radha Kishan deposited it with the Treasury Officer, Hisar being the total  amount payable against the said claim for which he was issued a receipt  dated 12.6.1957 acknowledging the payment of Rs. 2,973/- (Ex. P1).   Settlement Officer vide communication dated 13.6.1957 certified that Radha  Kishan had deposited the full amount payable towards the claim.  On  3.3.1969 Radha Kishan filed an application with the Treasury officer,  Haryana for issuance of a certificate of having deposited the outstanding  amount towards his claim.  Treasury Officer vide certificate dated 5.3.1969  verified that the total amount payable towards the claim in the amount of Rs.  2,973/- had been deposited.

       The house property in question was allotted to different displaced  persons to satisfy their claims.  A part of it measuring  (400 Sq. Yards) was  allotted to Radha Kishan and the other part measuring (300 Sq. Yards) was  allotted to Hari Chand, now represented by his son Om Prakash, respondent  No.3.         The Chief Settlement Commissioner assessed the value of the  property at over Rs. 15,000/-.  Since the value was assessed over Rs.  15,000/- the then Settlement Commissioner held that it was not an allotable  property and accordingly rejected the claim of the appellant as well as  Respondent No. 3.

       The restriction that the property valued at more than Rs. 15,000/- was  not allotable was removed and thereafter the appellant as well as Respondent  No. 3 filed applications for allotment of the property in dispute.  This claim  was rejected by the Settlement Officer as well as the Deputy Chief  Settlement Commissioner exercising the powers of the Chief Settlement  Commissioner in view of the earlier order passed by the Chief Settlement  Commissioner.    The order of the Deputy Chief Settlement Commissioner  dated 24.3.1977 has been attached as Annexure P-2.

       Appellant filed Revision Petition No. 33(67) 77 and Respondent No. 3  filed Revision Petition No. 33 (16) 87 before the Central Government under  Section 33 of the Act.  The powers of the Central Government  have been

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 3  

delegated to the Financial Commissioner, Haryana at Chandigarh. Before the  Financial Commissioner appellant as well as Respondent No. 3 entered into  a settlement which was taken on record.  It may be noted that State of  Haryana as well asTehsildar, Sales, Hisar  (managing officer) were made  parties and the compromise was affected in their presence.   As per this  settlement northern side of the house in dispute came to the share of Om  Prakash (Respondent No. 3) and southern portion came in favour of the  appellant.  Financial Commissioner accepted the settlement and passed  orders accordingly.  Parties took possession of their respective shares.  In the  compromise arrived at between the parties the Revision Petition No. 33 (67)  77 filed by the appellant was disposed of in terms of the compromise dated  24.1.1987 on 19.5.1987 and the Revision Petition No. 33 (16) 87 filed by the  Respondent No. 3  was dismissed as not pressed on 24.11.1987. This order  of the Financial Commissioner became final.

       On 14.9.1987 Tehsildar, Sales, Hisar, Haryana auctioned the property  in dispute.  The auction purchaser was one Dharamvir son of Arjan Dev  Arya.  Ultimately, Dharam Vir withdrew the earnest money deposited by  him and auction stood nullified.

The claim of the appellant had been rejected by the Settlement  Commissioner in the year 1970.  Because of the change in  circumstances  inasmuch as the property above Rs. 15,000/- also became allotable the  appellant as well as Respondent no. 3 filed applications for allotment of the  property in question.   These applications were rejected by the Deputy Chief  Settlement Commissioner exercising the power of the Chief Settlement  Commissioner vide order dated 24.3.1977  on the ground that their claim  applications could not be considered as they stood rejected earlier upto the  Chief Settlement Commissioner.  Order passed by the Deputy Settlement  Commissioner date 24.3.1977 stood superseded by the later order of the  Financial Commissioner passed in exercise of  its power under Section 33 of  the Act.          Appellant thereafter filed the present suit for declaration that the  appellant was the owner in possession of the property in dispute to the extent  it was allotted to him.  Suit was dismissed on the ground that there was no  proof  of the deposit of the amount due towards the claim.  This order of the  trial court was upheld in appeal as well as in the second appeal by the High  Court.  There is no dispute that the appellant had verified claim of Rs.  6,000/-.  Value of the house in question had been assessed at Rs. 5,844/-.   The appellant had produced the receipt showing the deposit of Rs. 2,973/-  which has not been disputed.  In view of this fact, the findings recorded by  the trial court, cannot be sustained and accordingly the same are set aside.   Apart from appellant and the respondent No. 3 no other person has claimed  this property.   

       During the course of argument counsel for the appellant who is  appearing for Respondent No. 3 as well  stated that he is prepared to pay any  additional amount to put an end to the controversy between the parties.  He  offered to make a payment of Rs. 1 lakh on behalf of the appellant and a  suitable amount as may be determined by the Court on behalf of the  Respondent No. 3.  We directed the counsel appearing for the State of  Haryana to get the property demarcated as per possession of the appellant  and Respondent No. 3 and he was also asked to assess the market price  of  the property as it exists today.  In pursuance to the said directions Balwant  Singh, Naib Tehsildar (Sales) Hissar has filed an affidavit along with a site  plan (Annexure A).  As per this affidavit the property claimed by the  appellant is bounded by the points ABCD and it measures 400 Sq. Yards and  is valued at Rs. 4,92,600/- including the structure standing thereon.  Property  claimed by Om Prakash (Respondent  No.3) is bounded by the points BCEF  and it measures 320 Sq. Yards.  The value of the same has been assessed at  Rs. 3,22,900/- including the structure standing thereon.  It has also been  stated that some other persons are in possession of the property.

       Counsel for the appellant, who appears for respondent No.3 as well,

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 3  

has filed an affidavit stating therein  that the persons other than the appellant  and the respondent No. 3 who are in possession of part of the property are  their licensees.  They have given an undertaking to indemnify the State  Government against any claim/rights of any person in possession of any part  of  the portion bounded by the points ABCD and BCEF in the map as  Annexure ’A’.  They have left to the Court to assess the value to put an end  to the dispute.

       The property in dispute is an evacuee property.  Claims of the  appellant and respondent No.3 have not been satisfied inspite of the  deposit/adjustment of the entire amount due from them.  There are no other  claimants to the property.  Keeping in view the above noted facts and the  fact that the parties are at litigation for the last more than 50 years, in the  interest of justice and in order to put an end to the litigation we deem it  appropriate to dispose of the present appeal in the following terms:

1)      Appellant Raj Kumar shall deposit a sum of Rs. 1,50,000/- over  and above  to what has already been deposited by him on or  before 31.9.2004;  2)      Respondent No. 3 shall deposit a sum of Rs. 1,25,000/- over  and above to what has already been deposited by him on or  before 31.9.2004; 3)      On deposit of the said amount the part of the property marked  as ABCD in Annexure A i.e. 400 Sq. Yards in House No.  3  situate in Block No. 13, Mohalla Kasabad, Hissar, Haryana and  the other portion marked as BCEF in Annexure A measuring  320 Sq. Yards shall vest in the appellant and the Respondent  No. 3 respectively; 4)      Appellant and Respondent No. 3 shall indemnify the State  Government against any claim/rights of any person in  possession of any part of  the portion bounded by the points  ABCD and BCEF respectively; and  5)      On deposit of the amount the Tehsildar (Sales) Hissar, or any  other officer authorised to do so, shall within a period of one  month issue the requisite sale certificates in favour of the  appellant as well as Respondent No. 3.

The appeal is disposed of in terms of the above orders.  There will be  no order as to costs.