Judgment

KAPUR, J. : This is an appeal against the judgment and order of the High Court of Allahabad on a certificate granted under Arts. 132 and 133(1)(c) of the Constitution. The respondent herein was the petitioner in the High Court in one of the petitions which were filed in that Court covering the question which has been raised before us. The appellants before us were the respondents in the High Court.

2. The respondent was the Ruler of the State of Bharatpur, now a part of Rajasthan, and is the owner of the property in dispute known as Kothi Kandhari Jadid in Agra. On January 28, 1950, the Agra Improvement trust-hereinafter called the Trust-passed a resolution under S. 5 of the U. P. Land Acquisition (Rehabilitation of Refugees) Act, 1948 (U. P. Act XXVI of 1948) -hereinafter called the Act - for the acquisition of the property in dispute and expressed its willingness to act as builder within the meaning of the provisions of the Act. The Government declared the Trust as the "builder on May 6, 1950, and an agreement was entered into on November 6, 1950, in terms of the Act, which was published on January 6, 1961. The Trust deposited a sum of Rs. 57,800 being the estimated