KESHO NATH KHURANA Vs. UNION OF INDIA

JUDGEMENT

(1.) It appears from the record that the single Judge before whom Second Appeal No. 63 of 1969 came up for hearing referred the following question of law for the opinion of the Division Bench :

(2.) We accordingly allow the appeal, set aside the order passed by the Division Bench dismissing the Second Appeal with costs and direct that the Second Appeal shall be disposed of by the single Judge of the High Court in accordance with law without being influenced. by any observations made by the Division Bench on merits but on the basis that the order dt. Jan. 21, 1963 made by the Chief Settlement Commissioner was not final and binding on the parties. The single Judge will consider whether having regard to the boundaries and the area specified in the Sale Certificate dt. 7th June, 1963 read with the corrigendum dt. 22nd Sept 1964, any portion of the property conveyed to the appellant was illegally in the possession of the respondents. There will be no order as to costs of the appeal.