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1974 Supreme(P&H) 71

BAL RAJ TULI, BHOPINDER SINGH DHILLON
Surjan Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

BAL RAJ TULI, J.

1. The dispute concerning consolidation of holdings arose amongst three landowners of village Dhipanwali, namely, Surjan Singh, petitioner, Sohan Singh predecessor-in-interest of respondents 3 to 7 and Kundan Singh respondent. 8. Sarjan Singh filed a petition under S. 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, (hereinafter referred to as The Act ), before the Director, Consolidation of Holdings, which was accepted on October 22, 1963. Against that order, Civil Writ No. 2647 of 1964 was filed in this Court which was accepted by Narula J., on March 30, 1967. The learned Judge directed the Additional Director to first decide whether there was sufficient cause for entertaining the time-barred application within the four corners of the second proviso to Rule 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949. After remand, the Additional Director dismissed the petition of the petitioner under Section 42 of the Act on October 21, 1970, holding it to be barred by time. Against that order, the petitioner filed Civil Writ No. 3955 of 1970 in this Court which came up for hearing be





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