JUDGMENT

Shah, J.-This appeal is filed against the judgment and order dated 21st August, 1989 passed by the High Court of Punjab and Haryana in C.W.P. No. 4692 of 1989 whereby the High Court dismissed the same summarily by upholding the order dated 6.9.1988 passed by the Financial Commissioner Revenue (Respondent No. 1), who rejected the Misc. Reh. No. 42 of 1987-88 filed by the appellant under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the "Act").

2. The dispute in the present appeal pertains to land admeasuring 2 Kanals 12 Marlas out of Khasra No. 28/23, 24/2 which admeasures 5 Kanals 12 Marlas situated in village Khokhar, tehsil Dasuya, district Hoshiarpur, Punjab. It has been contended that the said land was low-lying land and was classified as "gair mumkin toba" i.e. pond or tank land, which was not cultivated for more than 10 years. That land was evacuee property within the meaning of Section 2(c) of the Act. It is the contention of respondent No. 2 that on 8.12.1959 the Tehsildar (Sales) put up for auction a parcel of land stated to be brick kiln property No. 25, total admeasuring 13 Kanals 10 Marlas, which was "