PREM SINGH Vs. DEPUTY CUSTODIAN GENERAL EVACUEE PROPERTY

JUDGEMENT

(1.) The appellants have filed this appeal on a certificate of fitness granted on 25th May 1956, by the High Court of Punjab under Art. 133 of the Constitution. The appeal is directed against the judgment and order of the said High Court pronounced on 18th October 1955. By that order the said High Court dismissed the application made by the appellants to the said High Court under Art. 226 praying for a writ in the nature of a writ of certiorari to call for the records and to quash the order of the Deputy Custodian General passed on 18th August 1953, whereby he cancelled the allotment of lands in the village of Ratauli, Tehsil Jagadhari, District Ambala, made to the appellants on 7th June 1950.

(2.) The events which led up to the present appeal may now be briefly stated. The appellants are refugees from Rawalpindi. On the partition of the country the appellants migrated to India abandoning 273 acres 6 kanals of first grade land irrigated by perennial canals situate in Chak No. 205/R. B., Tehsil Jaranwala, District Lyalpur. In 1947 the appellants were given two units of lands in two villages, Todarpur and Naharpur, in Tehsil Jagadhari, District Ambala on a temporary basis. At the time of quasi-permanent allotment in November 1949, the appellants were given 133 acres 15 1/4 units of land in two villages Khandua and Naharpur, which lands were of the second grade.

(3.) The respondent No. 2 (N. R. Batra) is the grand-son of one Rai Sahib Maya Bhan Batra (since deceased) who had migrated from Phularwan, Tehsil Bhalwal in the District of Shahapur leaving behind about 543 acres of first class land irrigated by canal in the District of argodha. On 15th December 1947 36 acres of land were allotted to Rai Sahib Maya Bhan Batra in village Ratauti on a temporary basis. This temporary allotment of 36 acres was, however, reduced to an allotment of 12 acres for at that time no single allotment was being made for more than 12 acres.