Judgement

RAMASWAMI, J. : This appeal is brought, by certificate, from the judgment of the Punjab High Court dated November 8, l96O in Letters Patent Appeal No. 284 of 1956.

2. For the consolidation of land holdings in village Kheowara, a scheme was prepared by the Consolidation Officer under S. 14 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948 (Act L of 1948) hereinafter called the Act and the scheme was confirmed by the Settlement Officer acting under S. 20 of the Act. The scheme, among other things, provided that the owners of permanent ghers or enclosures will be permitted to retain them in their possession. One of the proprietors, Johrimal had made a gher in khasra No. 3942 and, under the scheme, this was to remain with him. Para 7 of the Scheme which was finalised under S. 20 of the Act provided as follows :

"The existing houses and permanent enclosures shall be kept in the ownership and possession of those proprietors who were owners in possession prior to the consolidation and in addition if these persons so desire they shall he entitled to be given additional area upto one bigha for extension of the abadi. In the case of such persons of