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1958 Supreme(P&H) 163

A.N.BHANDARI, TEK CHAND
Kehar Singh Nihal Singh – Appellant
Versus
Custodian General, Evacuee Property – Respondent


Judgment

1. The petitioner Kehar Singh has made an application under Sections 109 and 110, and Order 45, Rules 2 and 3 of the Code of Civil Procedure for leave to appeal to the Supreme Court against the order of the Division Bench in Letters Patent Appeal No. 115 of 1956, dated 25-2-1957. Brief facts of this case are that the petitioner Kehar Singh was allotted 83 standard acres and 12 1/4 units of land on quasi permanent basis in February 1950 in village Kirtowal in District Amritsar. Arjan Singh was an allottee of a slightly bigger area, viz., 34 standard acres and 8 1/2 units of land in the same village and on this ground he was ousted from the village under orders of the authorised Deputy Custodian on 6-11-1951.

The Additional Custodian (Rural) rejected the revision petition of Arjan Singh by his order dated 6-8-1952. The Deputy Custodian General, in exercise of his powers under Section 21 of the Administration of Evacuee Property Act, set aside the order of the Additional Custodian on 1-2-1954 & directed that Kehar Singh was in fact the bigger of the two allottees & he Should be ousted from the village. The reason why the Deputy Custodian General reversed the decision of the Ad





































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