C.A. VAIDIAUNGAM, J.

(1) THIS appeal, by special leave, by the defendant, is directed against the judgment and decree of the High court of Rajasthan) dated 24/09/1965, in Second Appeal No. 73 of 1964.

(2) THE respondent plaintiff instituted Civil Original Case No. 284 of 1961 out of which this appeal arises, for a declaration that he is the sole owner and is in possession of three and a half Murabbas of land measuring 84 Bighas out of cultivable land of Murabbas 10/23-15, 9/24-10, 6/25 and 5/23-5 of the total extent of 96 Bighas 10 Biswas at Chak 9 B. B. Tchshil Padampur and also for a permanent injunction restraining the defendant from interfering with the proprietary possession of the land of the plaintiff and from transferring the land by way of sale, mortgage or in any other manner. The plaintiffs case, in brief, was as follows. The defendant, Hardayal Gir, is a displaced person and he has filed claims to the tune of more than rupees ten lakhs. The government had decided to dispose of by auction sale certain evacuee properties and the displaced persons were given the benefit of getting the amounts due on their claims adjusted towards the sale price of properties t