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1967 Supreme(P&H) 57

MEHAR SINGH, HARBANS SINGH
Dalip Singh – Appellant
Versus
Dara Singh – Respondent


Judgment

Mehar Singh, J.

1. A government grant of land of 55 acres was made to Subedar Bishan Singh under the provisions of the Colonization of Government Lands Act,, 1912 (Punjab Act, 5 of 1912). He died sometime before the partition of the country in 1947. The land was inherited by his three sons, Dalip Singh appellant, and Ajit Singh and Jhojar Singh. Ajit Singh is dead and is represented in these appeals by his widow Nichhattar Kaur respondent. The Sanad given to Subedar Bishan Singh by the Government has not been available, but the terms and conditions of the grant are given in Punjab Government. Notification No. 360-1574-15378 of December 15, 1923, published in the Punjab Gazette of December 2, 1923. One of the main conditions of the grant was that upon the expiry of five years from the date of commencement of the tenancy or at any time thereafter, during the continuance of the tenancy, subject to the details given in the statement of conditions, Subedar Bishan Singh, on payment of sums due to the Government under the provisions of those conditions, could acquire proprietary rights in the land. It appears further from those conditions that until then he was to pay certain amou























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