JUDGMENT

DESAI, J.:—Avtar Singh and Dr. Kartar Singh two sons of S. Harnam Singh filed Civil Writ No. 1242 of 1965 against their father S. Harnam Singh, respondent No. 2 and Union of India and Tehsildar cum Managing Officer, respondents Nos. 1 and 3 respectively questioning the correctness and validity of an order dated, March 15, 1965, Anexure G to the petition.

2. S. Harnam Singh was the owner of agricultural land comprised in Deh No. 100 as also a portion of the land included in Deh No. 99 situated in District Nawab Shah, in erstwhile Sind Province now forming part of Pakistan. Harnam Singh had three sons; Avtar Singh, Dr. Kartar Singh and Harbans Singh. Smt. Tej Kaur was the wife of Harnam Singh. It was alleged that in the year 1946 Harnam Singh effected a partition of agricultural land between himself, his three sons and his wife Smt. Tej Kaur each being given an almost equal share. It was alleged that intimation of the alleged partition was sent to the revenue authorities of Sind Province with a request to effect necessary mutation in the revenue records showing land as having been given in the partition to the particular person. After the partition of the country S. Harnam Singh his three sons and his wife migrated to India and they claim to be displaced persons. Harnam Singh lodged a claim on March 15, 1948 in respect of the entire land including the land belonging to the heirs of Ch. Avtar Singh who was his father-in-law. Later on, April 21, 1948 Harnam Singh intimated to the Rehabilitation Authorities that out of a total claim of 300 acres of land lodged by him, about 75 acres. of land was of the ownership of Ch. Attar Singh and confined his claim to the total area of 225 acres of land. It may be mentioned that in the claim lodged on March 15,1948 there was no reference to the partition effected by Harnam Singh between himself, his sons and his wife. On the introduction of the Punjab Refugees (Registration of Land Claims) Act. 1948 (Act for short) on April 3, 1948 Harnam Singh and his sons as also Smt. Tej Kaur filed separate claims on the basis of the partition of the land which originally belonged to S. Harnam Singh. It was alleged that these claims were verified and allotments of land were made to the extent of 21-8 standard acres in favour of each claimant on temporary basis. On October 5, 1953 Harnam Singh and his sons approached the authorities in the Rehabilitation Department to convert temporary allotment into quasi-permanent allotment. Deputy Registrar Land Claims accepted the request of Harnam Singh and his sons, both with regard to the ownership of the land as well as partition thereof amongst various members of the family. However, it was recommended that on the basis of the revised calculation, each claimant would be entitled to 19-11 1/2 S. A. of land instead of 21-8 S. A. and the excess allotment should be cancelled. This recommendation was approved by the comepetent authority vide its order dated October 28, 1953 as also by the Deputy Custodian of Evacuee Property as per its order dated November 11, 1953. Consequently excess allotment of 8-14 1/2 standard acres in respect of five claimants was cancelled and the remaining allotment was ordered to be made on quasi-permanent basis. It was alleged that later on proprietary rigts were conferred on each claimant in respect of the land allotted to him by the Managing Officer. Sometime in 1960, a notice was received by the allottees from the Chief Settlement Commissioner, Punjab calling upon them to show cause why their allotment should not be cancelled. In view of the notice, it became necessary for the allottees to establish not only the ownership of land in Sind but the partition thereof amongst themselves. The allottees claimed that they offered the necssary proof which satisfied the Chief Settlement Commissioner who had issued notice on the basis of Jamabandi entries received from Pakistan. Accordingly the Chief Settlement Commissioner by his order dated