TMI Blog1970 (12) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... cer-cum Managing Officer, Department of Rehabilitation, Jullundur Respondent No. 4 while verifying the claim discovered that an area of 15-17 1/2 standard acres was in excess of what the Appellants were actually entitled to, having regard to the nature of the land left by their father in Pakistan which was not wholly canal irrigated but comprised of Banjar Jadid, Banjar Qadim and Ghair Mumkin land and accordingly he reopened the allotment and cancelled it to the extent of the excess. Against this order the Appellants filed an appeal to Respondent 3 challenging the jurisdiction of Respondent 4, the Section Officer cum Managing Officer to pass an order cancelling permanent rights conferred on them. Respondent 3 however referred the matter to Respondent 2, the Chief Settlement Commissioner, Punjab on 31-7-1964 who acting Under Section 24(1) of the Act cancelled the order of allotment to the extent of 15-17 1/2 standard acres, out of the area allotted to Appellant's father. Thereafter the appeal filed by the Appellants was dismissed by Respondent 3 as infructuous. A revision against the order of the Respondent 2 was preferred to the Central Govt. Under Section 33 of the Act which w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s father as owner of the land but Khasra Girdawari which was received with it did not show the entire land as canal irrigated. In these circumstances it was urged that no reliance could be placed upon these contradictory documents which were sent by Pakistan authorities from time to time. The learned Advocate also contended that the best evidence which could have shown the classification of the land owned by the Appellant's father was the 'Shud Kar' entries of the canal Department which would corroborate the Appellant's contention that the entire land was canal irrigated but when these documents were sent for, the Pakistan authorities said that the 'Shud Ku' had been destroyed and subsequently the Deputy Commissioner for India in Pakistan had informed that the Pakistan authorities were not cooperative in supplying the entries in 'Shud Kar'. It was also contended by the learned Advocate that the Jamabandi papers which are the most important Revenue records ought to have been looked into instead of the Fard Taqsim and the Khasra Girdawari and if so examined the Jamabandi papers would have shown that the land which the Appellant's father owned was c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity of the general powers already specified, the particular power is only illustrative and does not in any way restrict the general power. The Federal Court had in Talpade's case indicated the contrary but the Privy Council in King Emperor v. Sibnath Banerjee Indian Appeals-Vol. 72 p. 241 observed at page 258 : Their Lordships are unable to agree with the learned Chief Justice of the Federal Court on his statement of the relative positions of Sub-sections 1 and 2 of Section 2 of the Defence of India Act, and Counsel for the respondents in the present appeal was unable to support that statement, or to maintain that Rule 26 was invalid. In the opinion of there Lordships, the function of Sub-section 2 is merely an illustrative one: the rule-making power is conferred by Sub-section 1, and the rules which are referred to in the opening sentence of Sub-section 2 are the rules which are authorised by, and made under, Sub-section 1; the provisions of Sub-section 2 are not restrictive of Sub-section 1, as, indeed is expressly stated by the words without prejudice to the generality of the powers conferred by Sub-section 1. 7. The decision of this Court in Estate Development Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehri 29-6-16 A.K.M. Banjarjadid 14-6-12 -do- Banjar Qadim 6-7-15 -dofs Ghair Mumkin 0-2-5 -do- 10. On the basis of this information the Appellant will be entitled to only 33-10 1/2 standard acres and consequently there is an excess allotment to the extent of 15-17 1/2 standard acres. The Chief Settlement Commissioner also pointed out that on four occasions the authorities concerned being moved by the Appellants had sought for and obtained information and in so far as 'Shud Kar's' are concerned they were informed that they were destroyed after 6 years and that no 'Shud kar' available for the year 1947 or before and on the 4th occasion when again information was sought with respect to these Shud Kar as stated earlier the Deputy Commissioner for India in Pakistan had replied that the Pakistan authorities were not cooperative in such matters. 11. It may be observed that no where was it urged that neither the Fard Taqsim nor the Khasra Girdawari were not important revenue records nor that they do not disclose the classification of the land or source of irrigation. What was urged was that the records sent by the Pakistan Govt. were not reliable. We do not think ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation to be stated, just in the same way as in the Jamabandi Col 6. (The relevant particulars and forms of Jamabandi, Khasra Girdawari and Fard Taqsim are at pages 199-200, 361 to 367 and 305-306 respectively of the Punjab Land Revenue Act 1887-V Edition-1963 by Aggarwala). We are however not concerned with the various aspects of these records as it is not necessary for us to consider them in this case except to the extent necessary namely to show that a Fard Taqsim is as important a document as Jambandi and gives in so far as this case is concerned the relevant date for determining whether the land owned and left by the Appellant's father was entirely canal land. Bath the section Officer-cum-Managing Officer as well as the Chief Settlement Commissioner therefore, were right in placing reliance on the Fard Taqsim and Khasra Girdawari to come to the conclusion that the entire land belonging to the Appellant's father was not canal irrigated, and therefore, what was allotted was 15-17 1/2 standard acres in excess. 14. Even from the order in Revision of the Central Government, Department of Rehabilitation dated 3-3-1966 it is apparent that the Appellants had again pressed b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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