Judgement

JAGANNADHADAS, J.: This is an application under Art.32 of the Constitution which arises under the following circumstances. The petitioner, Sadhu Ram purchased from one Imam-ud-Din, a muslim evacuee, 43 Bighas 14 Biswas of agricultural land comprised in Khasra Nos. 2135 to 2139, 2158, 2159,2171,2204 and 2206 with Shamlat rights in village Kaithal, District Karnal, Punjab. The sale deed was executed on 6-9-1947, and registered on 9-9-1947, before Imam-ud-din left for Pakistan.

The consideration therefore was Rs. 3,000 and as much as Rs. 2,700 thereof appears to have been paid by the petitioner to the vendor before the Sub-Registrar. Possession also was transferred on the execution of the sale-deed. Mutation was made by the revenue authorities on 23-1-1948. East Punjab Evacuees (Administration of Property) Act 1947 (East Punjab Act 14 of 1947) came into force on 12-12-1947. It was amended by East Punjab Evacuees (Administration of Property) Amendment) Ordinance, 1948 (East Punjab Ordinance 2 of 1948) which came into force on 16-1-1948.

This gave place to East Punjab Evacuees (Administration of Property) (Amendment) Act, 1948 (East Punjab Act 26 of 1948) which came into for