Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched., Parts I do II-Muslim, prior to Partition, leasing out, at annual rental, for a period of 200 years, agricultural land to non-Muslim evacuees-Structures, in course of time, raised oil leased out land and same transferred by Settlement Authorities to occupants by issuance of permanent transfer deeds in respect of same-Transfer deeds set aside and Settlement Authorities directed to take fresh decision in matter as regards ownership rights of lessors of the land. Dates of hearing : 8th and 9th December 1.971.                                                                                                                  JUDGMENT SAJJAD AHMAD, J.-The brief facts of this appeal by special leave, are as follows: Badar Din, the father of the appellants, leased out 9 kanals and 8 marlas of agricultural land situated in Hadbast 1.26, Village Naulakha, district Lahore, for a period of 200 years to one Sardar Udham Singh at the annual rent of Rs. 235 beginning from the 18th of November 1902: The lease deed was duly registered. The said Udham Singh transferred his rights and interests in the land to Pandit Wazir Chand and Krishan Lal, who, in their turn, transferred them to a firm, Mehr Singh Sampuran Singh. The aforesaid lease deed contained several conditions, providing inter alia, that if after 7 years, the lessees defaulted in the payment of rent for any period of 6 months running, the lessees would be liable to be ejected, and also that at the end of the lease period of 200 years, the land shall be restored to the lessor in a cultivated position clear of any super-structures that may be put up there by the lessees. In the registered deed, the land is shown to be comprised in Khasra Nos. 224 and 225 in the Hadbast mentioned above. The lessees being non-Muslims migrated from Pakistan after the 15th of August…