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1971 Supreme(P&H) 155

HARBANS SINGH, GURDEV SINGH, R.S.NARULA, BAL RAJ TULI, PREM CHAND JAIN
Harnek Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. This Letters Patent appeal under Clause 10 challenges the judgment of the learned Single Judge dated 17th March, 1967, by which a writ petition filed by the appellants under Art. 226 of the Constitution, was dismissed.

2. The admitted facts are that Harchand Singh, father of the appellants, was at one time the owner of the entire village of Nanahri in Hissar district. This village was acquired by the Government for the settlement of displaced persons from Bhakra reservoir area. A compensation of over two lacs of rupees was awarded on the 31st of August, 1956 to the appellants for the land acquired from their father. The appellants thus became land less persons. They then purchased an area of 377 Bighas and 9 Biswas for a consideration of Rs. 50,000/- from their fathers sister, Dhan Kaur on 22nd March, 1958. It is stated that collaterals of Dhan Kaur filed a suit for pre-emption which was decreed by the trial Court and the first appellate Court and it was only ultimately in this Court that in Regular Second Appeal No. 62 of 1960 decided on 18th January, 1961, the suit was dismissed in view of the amendment of the Punjab Pre-emption Act by Act 10 of 1960. Dhan Kaur, as a b















































































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