Judgment

S. K. DAS, J. : (majority judgments : On behalf of himself and Subba Rao J.) This is an appeal by special leave from the judgment and order of the Punjab High Court dated August 18, 1958 by which the said Court found the two appellants guilty of contempt of Court and instead of committing them for such contempt, administered a warning to them and directed them to pay Rs. 50/- each as costs of the respondent Gurbachan Singh.

2. The two appellants before us bear the same name. One of them was the Sub-Divisional Officer, Sirsa, District Hissar and the other Naib Tehsildar-cum-Managing Officer, Sirsa, same district, at the relevant time. In this judgment we shall call the Sub Divisional Officer as the first appellant and the Naib Tehsildar as the second appellant. The facts alleged against the appellants were these. One Budh Singh, a displaced person, was allotted some land in village Jagmalera, Tehsil Sirsa, District Hissar. The land allotted to Budh Singh was, it was stated by the appellants, forcibly occupied by the respondent Gurbachan Singh. The respondent was not a legitimate allottee and the appellants, who were concerned in their official capacity with the allotment and