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1961 Supreme(SC) 110

J.R.MUDHOLKAR, RAGHUBAR DAYAL, K.SUBBA RAO
Gopal Singh – Appellant
Versus
Custodian, Evacuee Property, Punjab – Respondent


Advocates:
A.C.RATNAPARKHI, ACHHRU RAM, B.K.Khanna, K.L.Mehta, N.S.BINDRA, T.M.SEN

Judgment

MUDHOLKAR, J. : The appellants who are admittedly displaced persons from West Pakistan were granted quasi-permanent allotment of 24 standard acres and 15 3/4 units in the village of Rajkot in Ludhiana District in 1949. Their father Sardar Nand Singh who was found entitled to quasi-permanent allotment of 40 standard acres and 5 1/4 units of land was given quasi-permanent allotment in another village named Humbran in the same district. The two villages are, however, 25 miles or so distant from each other. Nand Singh, therefore, made an application for consolidation of his lands with those of the appellants in the village Raikot. During the pendency of this application he died and after his death, the application was continued by the appellants. This application was rejected by the Assistant Custodian on July 23, 1951, on the ground that no land was available in the village Raikot. A revision petition preferred by the appellants against the order of the Assistant Custodian was dismissed by the Additional Custodian on August 20, 1952. On October 7, 1952, the appellants preferred a revision application before the Custodian General.

2. During the pendency of the revision applicati




























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