JUDGMENT

K. N. SAIKIA, J. :— This appeal by special leave is from the judgment of the High Court of Punjab and Haryana in the appellants regular second appeal No. 706 of 1973 dismissing the appeal and allowing the respondents civil writ petition against the order passed by the Assistant Collector.

2. Late Wg. Cdr. K. K. Majumdar, of the Indian Air Force, father of the appellant laid down his life during the second world war. He was conferred a gallantry award posthumously by the Government wherewith 442 Kanals and 10 Marlas of land bearing Chack Nos. 535-G-V situated in Tehsil and District Layallpur was granted to him and was allotted to the appellant Shri S. K. Majumdar who took possession on July 24, 1947. Consequent to the partition of the country the family of late Wg. Cdr. K. K. Majumdar had to migrate to India where the Government allotted 69 standard acres and 2 units of land to the appellant in village Dhogri Tehsil and District Jullundhur as compensation for the land left behind at Layallpur, Pakistan. Out of this land 19 standard acres came under possession of the respondent Malik Labhu Masih (now deceased) as a tenant.

3. On February 26, 1961 Malik Labhu Masih filed an app