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2000 Supreme(P&H) 773

M.L.SINGHAL
Narain Dass (Through His L. R. S. ) – Appellant
Versus
Jai Kishan – Respondent


Judgment

M.L.Singhal, J.

1. Jai Kishan son of Tara Chand filed suit for declaration against Narain Dass and others to the effect that the order dated 22.11.1983 of the Financial Commissioner, Punjab, Chandigarh exercising the powers of the Central Government under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 (hereinafter called the Act, divesting him (plaintiff) of his possession over 3 standard acres of land allotted to his father- Tara Chand (deceased in village Nurpun Bet, Tehsil and District Ludhiana vide order dated 19.3.1980 of Managing Officer, Ludhiana is arbitrary, void, nullity, inoperative and without jurisdiction being inconsistent with the provisions of the Act and as such not binding on him. It is alleged in the plaint by Jai Kishan that his father Tara Chand owned rural agricultural land in village Kadarbad Tehsil Phalia, District Gujrat, Pakistan. He left that land on the partition of the country. In lieu of that land, he was entitled to the allotment of 3 standard acres, 9 units of agricultural land. The entire land belonging to the plaintiffs father in Pakistan stood mortgaged with plaintiffs uncle Narain Dass for Rs. 800/- only. Th





















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