Judgement

RAMASWAMI, J.: This appeal is brought, by certificate, from the judgment of the Punjab High Court dated September 18, 1968 in Civil Writ No. 841 of 1962.

2. Nanak Chand owned agricultural lands in Bahawalpur State now forming part of West Pakistan. He also owned some property at Kot Kapura, Tehsil Faridkot, District Bhatinda now located in India. Nanak Chand had in normal course of business come to Bhatinda where he died in June, 1947 leaving behind three sons, Om Parkash, Sat Narain and Ram Parshotam who are the respondents in this appeal. As a result of the partition of India the land originally owned by Nanak Chand and after his death by his sons in Bahawalipur State had to be abandoned. After the partition of India the three respondents migrated to India and filed separate claims in accordance with law and obtained allotment of certain area in village Kot Kapura, District Bhatinda in lieu of the land abandoned by them in Pakistan. The Revenue Authorities allotted an area measuring 206.8 1/2 standard acres in village Kot Kapura, District Bhatinda. After the allotment was made one Rur Singh filed a complaint before the Managing Officer that these respondents had received