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1961 Supreme(SC) 236

RAGHUBAR DAYAL, M.HIDAYATULLAH, K.SUBBA RAO, J.L.KAPUR, J.C.SHAH
State Of Punjab – Appellant
Versus
Suraj Parkash Kapur – Respondent


Advocates:
B.K.Khanna, D.GUTPA

Judgment

SUBBA RAO, J. : This appeal by certificate is preferred against the order of the Punjab High Court dates November 9, 1956, setting aside the order of the Consolidation Officer and directiny him to proceed with the matter in accordance with law.

2.The respondents are members of a joint Hindu family and are evacuees from Pakistan. On March 3, 1950, in lieu of the lands left by the family in Pakistan, the Custodian of Evacuee Property allotted to the said family 11 standard acres and 9 units of Grade A land in Pati Kankra, Shahabad Estate in Tehsil Thanesar in Karnal District. The said units were valued as equal to 123 standard kanals and 18 standard marlas of A Grade land. The family took possession of the said land, and, it is alleged, made improvements thereon. On July 28, 1954, the State Government issued a notification under S.14 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the Act), declaring its intention to make a scheme for the consolidation of the holdings. On April 30, 1955, a draft scheme was proposed by the Consolidation Officer and published Indicating, inter alia, that the respondents family would b















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