Judgement

B. K. MUKHERJEA J. : This appeal, which has come before us, on a certificate granted by the High Court of the State of Punjab at Simla, under Article 134(1)(c) of the Constitution, raises a short point of law. On the 3rd of March 1948, an Ordinance (being Ordinance No. 7 of 1948) was promulgated by the Governor of East Punjab, under Section 88 of the Government of India Act, 1935, making provisions for the registration of land claim of the East Punjab refugees. On the 17th March 1948 the respondent Mohar Singh, who purports to be a refugee from West Pakistan, filed a claim in accordance with the provisions of this Ordinance, stating therein, that he had lands measuring 104 kanals situated within the district of Mianwali in West Punjab. On the 1st of April 1948 this Ordinance was repealed and Act 12 of 1948 (hereinafter called the Act ) was passed by the East Punjab Legislature re-enacting all the provisions of the repealed Ordinance.

The claim filed by the respondent was investigated in due course and it was found after enquiry, that the statement made by him was absolutely false & that as a matter of fact there was no land belonging to him in West Pakistan. Upon this, a p