The main legal point established in the judgment is the validity of allotments under the Displaced Persons (Compensation & Rehabilitation) Act, 1954 and the competence of appeals filed by legal representatives without substitution in the original proceedings.

Dinesh Maheshwari, J.-The appellants Sarjeet Singh and others, stating themselves as legal representatives of the petitioner late Shri Kartar Singh, have preferred this intra-Court appeal against the order dated 22.01.1992 passed by the learned Single Judge in S.B. Civil Writ Petition No.153/1981 with the submissions that while the writ petition was pending, the petitioner Shri Kartar Singh had expired; that the appellants hardly knew about the requirement for them to make an application for being substituted as petitioners in place of late Shri Kartar Singh and hence they could not get themselves made a party to the writ petition; however, according to the appellants, that does not matter so far the writ proceedings are concerned and they are now required to prefer this appeal as legal representatives of the petitioner.

2. The dispute relates to an agricultural land measuring 25 bighas comprised in Murabba No.30 situated at Chak 38 PS Tehsil Raisinghnagar (hereinafter referred to as the land in dispute/the disputed land) that was allotted to one Shri Narain Singh as a displaced person against his verified claim in lieu of the immovable property left in erstwhile West Pakistan at the time of partition. The petitioner Shri Kartar Singh averred in the writ petition that Shri Narain Singh, in satisfaction of his verified claim for allotment of 25 bighas of land, was allotted some land in village Khakhawali, Tehsil Fazilka, District Firozpur in the State of Punjab. However, without disclosing the fact of such allotment in village Khakhawali, Shri Narain Singh secured allotment of 25 bighas of land in Murabba No.30 at Chak 38 PS, i.e., the land in dispute. According to the petitioner, the respondents Shri Anokh Singh and Shri Bahal Singh, sons of Shri Narain Singh, simultaneously got allotted 25 bighas of land each in Murabba Nos. 20 and 29 in the same village although they did not have to their credit any verified claim so as to entitle them to allotment of land as displaced persons and they were members of Joint Hindu Family headed by Shri Narain Singh. The petitioner further averred that the allotments aforesaid were made before the Displaced Persons (Compensation & Rehabilitation) Act, 1954 came into force; that an Officer on Special Duty (OSD), said to be possessing the powers of Settlement Commissioner, made inquiries in respect of the allotments in Sriganganagar District as per the provisions of Rule 62 of the Displaced Persons (Compensation & Rehabilitation) Rules, 1955; that when it was found that Shri Narain Singh and his wife both had expired and the allotment of land in favour of Shri Narain Singh was not in order, the OSD passed an order on 25.03.1954 (Annexure-1) cancelling such allotment; that

simultaneously the OSD made an order that the allotment of land comprised in Murabba Nos. 20 and 29 in favour of Shri Anokh Singh and Shri Bahal Singh would be continued only in case the allotment made in the name of Shri Narain Singh in village Khakhawali (Punjab) be got cancelled; that the sons of Shri Narain Singh got cancelled the said allotment in Punjab and produced the copy of cancellation order on 16.01.1960 and thereupon their allotment of Murabba Nos. 20 and 29 was confirmed (Annexure-2), but being in excess of their entitlement, on payment of additional amount of Rs.2048.83 by Shri Anokh Singh and Rs. 2054.88 by Shri Bahal Singh.

3. The petitioner alleged that the land in dispute comprised in Murabba No.30 having become available for allotment, was allotted to him against his verified claim of about 75 bighas of irrigated land; and as he was entitled to much more than 25 bighas, he was separately allotted land in Chak 8 C Badi, Ganganagar and the residue claim yet remained outstanding. According to the petitioner, after allotment, he made an application for delivery of possession of the land in dispute and thereupon an order was made by the Settlement Officer, Sriganganagar on 12.04.1955 (Annexure-2A) direct