Judgment

AYYANGAR, J:

This is an appeal on a certificate of fitness granted under Art. 133 by the High Court of Punjab against the order of that Court dismissing the appellant s petition to it under Art. 226 of the Constitution.

2. The point in controversy lies within a narrow compass and hence of the voluminous facts we propose to set out only those which are relevant for appreciating the contentions urged before us. The father of the appellant owned a considerable agricultural property in Pakistan and he with the members of his family moved over to India, on partition. The appellant s father was allotted a considerable extent of land in village Kharar, District Ambala, but we are not concerned with that. He had still some unsatisfied claim for allotment and on December 29, 1955 he was allotted by the Managing officer on quasi-permanent tenure Khasra Nos. 880, 881 and 882 which were within the municipal area of Kharar with the regularity of which -allotment alone this appeal is concerned. It may be mentioned that the appellant s father had died in 1952 and the allotment made was actually to the appellant in lieu of the claim of his father on the allotment being made, a sanad was is