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1979 Supreme(P&H) 216

S.S.KANG
Waryam Singh – Appellant
Versus
Financial Commissioner, Haryana, Chandigarh – Respondent


Judgment

1. Civil Writ Petitions Nos. 3027 and 3028 of 1978, raise the common questions of law and fact and, therefore, they will be disposed of by this judgement.

2. The facts of Civil Writ Petition No. 3027 of 1978, are reproduced for a proper appreciation of the points raised in these writ petitions.

3. Sultan Singh, father of Waryam Singh, Raghbir Singh, Parmodh Singh and Baldev Singh, the present petitioners, had been allotted land in village Hijranwan Khurd, Tehsil Fatehabad, District Hissar. He was a small land-owner. On his death, the petitioners inherited this land measuring about 25 acres. It was mutated in their names. The petitioners are shall land-owners.

4. Raghbir Singh, Parmodh Singh, petitioners, are employed in the Army. Waryam Singh, petitioner, is an ex-service man, and he resides in Sube-Chak; Tehsil Hira Nagar, District Kathua (J. and K.). These three petitioners executed a general power of attorney in favour of their fourth brother, namely Baldev Singh, petitioner. They authorized him to initiate ejectment proceedings in the competent Court against their tenants. Cl.(3) of the power of attorney, which has been appended to this petition reads as under :-

"To ej

























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