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1959 Supreme(SC) 43

Kaushalya Devi – Appellant
Versus
Bachittar Singh – Respondent


Advocates:
ACHHRU RAM, B.P.MAHESHVARI, Harnam Singh, K.L.Mehta

Judgment

WANCHOO, J. : This is an appeal by special leave against the judgment of the Punjab High Court by which the order of the Deputy Custodian General with respect of the cancellation of an allotment was set aside.

2. The main facts of the case are not in dispute being matters of record. The only point which was in controversy was whether the order of cancellation of the allotment in favour of the respondents had been made before July 22, 1952. The facts may therefore be briefly summarised in order to understand how this controversy arose. One Ragha Ram, who is dead and is now represented by the respondents, was a temporary allottee in village Fatoewal. District Hoshiarpur. He was also allotted some land on a quasi-permanent basis in village Budhewal. Of the appellants, Nil Kanth and Bindraban were sitting allottees in village Budhewal. It seems that they along with other three appellants were given quasi-permanent allotments in various other villages of Hoshiarpur district. All five of them applied to the Director-General Rehabilitation (Rural) praying that they be all restored to village Budhewal, On July 3, 1950, the Director-General made an order to the effect that

"these pers










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