C.A.VAIDIALINGAM, P.JAGANMOHAN REDDY, J.M.SHELAT
Om Prakash – Appellant
Versus
Union Of India – Respondent
Judgment
P. JAGANMOHAN REDDY, J: - This appeal is against the order of cancellation of the allotment made in favour of the Appellant s father in 1948 under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter called the Act) in the following circumstances:
After the partition of India in 1947 the Appellant s father Shri Ram Chander filed a claim in respect of the land which was owned and left behind by him in Pakistan. In respect of this claim land measuring 49.2 Standard acres was allotted to him in village Pasina Kalan, Tehsil Panipat, District Karnal. Soon thereafter the Appellant s father, after this allotment died in 1948 leaving the Appellants and their brother Shri Ved Prakash as the only legal heirs. After the proprietary rights were conferred upon the Appellants, Ved Prakash sold his share of the land to Appellants Nos. 2 and 3 by Registered sale deed dated 27th November, 1957. It appears that the Section Officer-cum-Managing Officer, Department of Rehabilitation, Jullundur Respondent No. 4 while verifying the claim discovered that an area of 15-171/2standard acres was in excess of what the Appellants were actually entitled to, having regard to the
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