Judgement

M. HIDAYATULLAH J.: This appeal with a certificate from the former High Court of Saurashtra under Art. 133 of the Constitution read with Ss. 109 and 110 of the Code of Civil Procedure, has been brought against the judgement of that Court dated 19.2.1953, in Civil First Appeal No. 16 of 1952.

2. The appellant is the State of Saurashtra, which stood substituted for the State of Junagadh, against which the suit was originally filed. The respondent, Memon Haji Ismail Haji Valimahomed of Junagadh, (hereinafter referred to as the respondent), brought this suit originally against two defendants, the State of Junagadh and one Jamadar Abu Umar Bin Abdulla Abu Panch (hereafter referred to as Abu Panch), for a declaration that the Secretariat Order No. R/3289 dated 18.10.1948, was "Illegal, unjust and against all canons of natural justice"" He also asked for an alternative relief that the second defendant do return to him a sum of Rs. 30,000 plus Rs. 541-2-0, being the consideration and expenses of a transfer of immovable property resumed under the said order. The suit was decreed by the Civil Judge, to whom after integration the case was transferred, and the decree was confirmed by t