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1969 Supreme(SC) 519

J.C.SHAH, K.S.HEGDE
Shauqin Singh – Appellant
Versus
Desa Singh – Respondent


Advocates:
For the Appellant :P.N. Raina, Sr. Advocate and Sanjay Verma, Advocate
For the Respondents:Kulbushan Sajgotra, Advocate

Judgment

SHAH, J. :- Ram Singh - originally a resident of District Lyallpur (now in West Pakistan), migrated to India in 1947 on the partition of the country. The Rehabilitation Department allottted to Ram Singh an area of land in Village Raipur Arain, District Jullundar in lieu of the land which Ram Singh was compelled to abandon. After the death of Ram Singh his sons respondents 1 to 3 complained to the Rehabilitation Department that Ram Singh was cultivating A grade land in District Lyallpur and was on that account entitled to allotment of A Grade land, he had been allotted in Village Raipur Arain C Grade land which was mostly Banjar Cadim unfit for cultivation and subject to river erosion. Respondents 1 to 3 in support of their application tendered certified extracts from Khasra-Girdwari for 1957-58 showing that the land allotted to Ram Singh was subject to river erosion. The Land Claims Officer held an enquiry and called for a report from the Revenue authorities. The Patwari of the village, the Kanungo-Tahsildar and the Assistant Commissioner verified the recitals made in the application and recommended the case of respondent 1 to 3 for allotment of other land. The Land Claims











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